1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 2721 OF 2009 IN FIRST APPEAL ST. NO. 2901 OF 2009 M/s New India Assurance Co.Ltd. and another ..Applicants VERSUS Pravin Popatlal Gandhi & anr. ..Respondents ..... Shri H.A.Patankar, advocate h/f Shri V.N.Upadhye, advocate for the applicants ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Leave to amend the prayer clause in respect of days of delay. Heard learned counsel for the applicants. 2 The applicant/appellant has preferred the present application for condonation of delay of 27 days in filing the 2 accompanying First Appeal under Stamp No. 2901 of 2009 challenging the judgment and award dated 30.9.2008 passed by learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.Petition No. 129 of 2005. 3 It is the contention of the applicants that after passing of the afore said judgment and award on 30.9.2008, the applicants applied for the certified copies of the said judgment and award and obtained the same and advocate for the applicants opined that the said award deserves to be challenged, since it is excess than the norms by his letter dated 21.10.2008. Hence, the concerned office, after obtaining the legal opinion, forwarded the file to the Regional Office at Pune for advice. Accordingly, the Regional Office, Pune after scrutinizing the papers agreed with the opinion given by the advocate and forwarded the file to the Divisional Office, Aurangabad, which was received on 13.1.2009. Thereafter the arrangements for funds were made and accompanying First Appeal was filed, but 27 days days was caused. 4 The applicants further submit that they have good case on merits and have every hope to succeed in the First Appeal. The applicants also submit that delay occurred in filing First 3 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 reasons stated in the application, it appears that the delay of 27 days caused in filing the accompanying First Appeal does not appear 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 applicants have hope of success in the accompanying First Appeal and, therefore, opportunity is required to be given to the applicants to prosecute the accompanying First Appeal on its own merits. 6 In the circumstances, the Civil Application is allowed as prayered and 27 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/ca2721.09