1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.5064/2009 in FAST NO.8944/2009 ---------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ---------------------------------------------------------------------------------------------- Mr.S.G.Chapalgaonkar, Adv., for the appellant. ... CORAM : K.U.CHANDIWAL, J. DATE: 10 th June, 2009 ... 1) Heard learned Counsel. There is delay of 858 days in causing to file the appeal. Basically, Writ Petition No.8400/2000 was moved by the appellant Insurance Company/original respondent no.2 in which notice was issued on 24.11.2006 and on 24.2.2009, based on the prevailing position of law, the writ petition was allowed to be withdrawn to facilitate the appellant to move an appeal under Section 173 of the Motor Vehicles Act. Consequently, the delay. The above facts portray that there was no deliberate intention to drag the proceedings. The Insurance Company apparently feels aggrieved by the No Fault Liability as, 2 according to the Insurance Company, the deceased driver of the motor cycle had his fate due to his own mistakes and negligence. Application allowed by condoning delay of 858 days. (K.U.Chandiwal) Judge. agp/office/ ca5064-09