1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.8883 OF 2003 IN FIRST APPEAL (Stamp) No.10446 OF 2003 Sadashiv s/o Seema Shetty applicant-claimant versus Harbhajanshing s/o Tilakshingh Respondents-orig. and another. Respondents ----- Shri V.D.Patnoorkar, Advocate, for the applicant. Application is dismissed as against Respsondent No.1. Shri M.V. Thorat, Advocate, holding for Shri A.B.Gatne, Advocate for Respondent No.2. Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 1. Heard learned learned counsel for the parties. 2. This is an application preferred by the Applicant for condonation of delay of 375 days caused in filing accompanying first appeal which is on stamp number 10446 of 2003, challenging the judgment and award dated 10.1.2002 rendered by the learned Member, Motor Accident Claims Tribunal, Aurangabad, in M.A.C.P. No.323 of 1997. 3. Learned Counsel for Respondent No.2 submits that since present application against Respondent No.1- owner has been dismissed and since liability of 2 Respondent no.2 is jointly and severally, nothing survives in present application and, therefore, it be rejected. 4. Considering the rival submissions and also for the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that the said delay is not wilful, deliberate or intentional and, therefore, same deserves to be condoned in the interest of justice. 5. As regards submission advanced by learned counsel for Respondent No.2, at the out set, it may be stated that the said contention is a matter of merit which can be considered at the time of hearing of the accompanying appeal and it does not come in the arena of of this application which is for condonation of delay. 06. In the result, civil application is allowed in terms of prayer clause (b) thereof and delay caused in filing the accompanying first appeal, stands condoned. First appeal, which is on stamp number, be registered and numbered. Present application stands disposed of, accordingly. (Shrihari P. Davare, J.) 3 pnd/ca8883.03