1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4737 OF 2009 IN FIRST APPEAL ST. NO. 6184 OF 2009 Suresh s/o Babasaheb Dahiwal ..Applicant VERSUS Vijubai w/o Vishnu Korde & ors. ..Respondents ..... Shri N.R.Pawade, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 31 days in filing the accompanying First Appeal under Stamp No. 6184 of 2009 2 challenging the judgment and award dated 8.10.2008 passed by learned Member, Motor Accident Claims Tribunal, Beed in M.A.C.Petition No. 114 of 2007. 3 The applicant has given the reasons for the delay and explained the said delay in para 3 of the present application. 4 The applicant submits that the applicant has good case on merits. The applicant also submits that delay occurred in filing First 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 31 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 applicant has hope of success in the accompanying First Appeal and, therefore, opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits. 3 6 In the circumstances, the Civil Application is allowed as prayed and 31 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/ca4737.09