1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4861 OF 2009 IN FIRST APPEAL ST. NO. 6344 OF 2009 Dattatraya s/o Sahebrao Patil ..Applicant VERSUS Mainabai w/o Sahebrao Patil & ors. ..Respondents ..... Shri Sanjay Mundhe, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 2 days in filing the accompanying First Appeal under Stamp No. 6344 of 2009 2 challenging the judgment and award dated 4.12.2008 passed by learned Member, Motor Accident Claims Tribunal, Udgir, District Latur in M.A.C.Petition No. 12 of 2007. 3 It is the contention of the applicant that after passing of the afore said judgment and award on 4.12.2008, the applicant applied for the certified copies of the said judgment and award on 19.12.2008, the same was received on 30.12.2008. However, due to paucity of finds and weak financial condition, the applicant could not meet the legal expenses within the period of limitation and, therefore, 2 days delay has been caused in filing the accompanying First Appeal and therefore, the applicant prays that the same be condoned in the interest of justice. 4 The applicant further submits that the applicant has good case on merits. The applicant also submits that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. 5 Considering the rival submissions and the averments made in the application, it appears that the delay of 2 days caused in filing the accompanying First Appeal does not appear 3 to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. Moreover, the applicant has hope of success in the accompanying First Appeal and, therefore, opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits. 6 In the circumstances, the Civil Application is allowed as prayered and 2 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca4861.09