ash 1 caf-4713.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4713 OF 2009 IN FIRST APPEAL ST.NO.23982 OF 2009 National Insurance Co. Ltd. .. Applicant Vs Shri Mahesh Chandrakant Sawant & Others. .. Respondents -- Shri Sanjay Krishnan i/by Ms Harshada Rane for the Applicant. Shri H.S. Deshpande for Respondent No.1 Shri J.S. Chandnani for Respondent No.4. -- CORAM : A.S. OKA, J DATED : 17TH OCTOBER, 2011 P.C. . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent No.1 as well as the learned counsel appearing for the Respondent No.4. 2. The prayer is for condonation of delay of 719 days in filing the Appeal which has been opposed by the learned counsel appearing for the Respondent No.1. The averments made in the application disclose that the claim application was decided on 18th April, 2007. The certified copy of the impugned judgment was ready for delivery on 16th July, 2007. The documents were received by the Divisional Office ash 2 caf-4713.09 on 1st August, 2007. Opinion of the Advocate was received in the second week of August, 2007. On 17th September, 2007, a Panel Advocate was appointed to draft an Appeal. The Panel Advocate sought further documents. Further documents were received by the concerned Divisional Region Office on 16th January, 2008. On 21st April, 2008 the Panel Advocate informed the Applicant that the Appeal cannot be preferred due to absence of leave under Section 170 of the Motor Vehicles Act, 1988. On 3rd June, 2008, the Applicant received the certified copy of the application at Exhibit-53 which was made under Section 170 of the Motor Vehicles Act, 1988. Thereafter, on 4th July, 2008 the Panel Advocate returned the papers with the remark that there will have to be a specific order under Section 170 of the said Act. Notice of execution was served on 21st July, 2009 and again a second opinion was sought by the Applicant which was received on 11th August, 2009. Accordingly, the Appeal has been filed on 23rd September, 2009. 3. Though there is a delay of more than 700 days, the same has been adequately explained in the Application. However, considering the length of delay, the Applicant will have to pay costs quantified at Rs.7,500/-. 4. The Rule is made absolute in terms of prayer clause (a) ash 3 caf-4713.09 subject to the condition of the Applicant paying costs quantified at Rs. 7,500/- to the first Respondent within a period of six weeks from today. Payment of costs shall be a condition precedent. 5. The issue of maintainability of the Appeal is expressly kept open. 6. The ad-interim relief granted earlier will continue to operate for a period of six weeks from today. ( A.S. OKA, J )