Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 947 OF 2009 IN FIRST APPEAL (ST) NO. 4233 OF 2009 The New India Assurance Co. Ltd. ...Applicants v/s. Kalpana Sarjerao Dhekane & ors. ...Respondents Mr. S.S.Vidyarthi i/b. S.S.Vidyarthi for the applicants. CORAM CORAM CORAM : B.H.MARLAPALLE & : B.H.MARLAPALLE & : B.H.MARLAPALLE & RAVI RAVI RAVI K.DESHPANDE, JJ. K.DESHPANDE, JJ. K.DESHPANDE, JJ. APRIL APRIL APRIL 01, 2009 01, 2009 01, 2009 P.C. . Heard Mr.Vidyarthi, learned counsel for the applicant who has filed First Appeal Stamp No. 4233/2009 but belatedly. Hence, this application for condonation of delay. 2. As per the office note, the appeal is beyond time by 57 days. By our order dated 26/02/2009 notice was issued to the respondents and it was made returnable after six weeks. Affidavit of service alongwith the acknowledgment receipts filed with the Registry indicates that the claimants have been served and still none appears for them. 3. The impugned Award was passed on 28/08/2008 by the Motor Accident Claims Tribunal at Kolhapur and the 2 application for certified true copy was submitted on 1/09/2008 and it was made available on 20/09/2008. The applicant received the opinion of the local Advocate in September 2008 advising to file an appeal and the Office at Kolhapur had forwarded the relevant papers on or about 17/11/2008. After obtaining legal opinion and sanction, appeal has been filed. We are, therefore, satisfied that there is no inordinate delay in filing the appeal and the delay caused of 57 days deserves to be condoned. 4. Hence, the application is allowed in terms of prayer clause (a). (RAVI (RAVI (RAVI K.DESHPANDE, J) K.DESHPANDE, J) K.DESHPANDE, J) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)