1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6339 OF 2009 IN FIRST APPEAL ST. NO. 5370 OF 2009 Usha w/o Nagorao Sosane & ors. ..Applicants VERSUS Mechanical Department, U.P.P. Division, Nanded through its Executive Engineer, Sinchan Bhavan, Nanded. ..Respondents ..... Shri H.I.Pathan, advocate for the applicants ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 2 1 Perused. Heard learned counsel for the applicants. 2 The applicants/appellants have preferred the present application for condonation of delay of 30 days in filing the accompanying First Appeal under Stamp No. 5370 of 2009 challenging the judgment and award dated 15.11.2008 passed by learned Civil Judge, Senior Division and Ex-Officio Commissioner for Workmen’s Compensation at Nanded in First Appeal No. 2 of 2007. 3 The learned counsel for the applicants submits that after passing of the afore said judgment and award on 15.11.2008, the applicants have applied for the certified copies of the said judgment and award on 18.11.2008, the same were received on 8.12.2008 and thereafter the accompanying First Appeal was filed after delay of 30 days beyond the period of limitation. 4 The learned counsel for the applicants submits that the applicants have given the reasons for said delay in para 7 of the application and stated that the applicants were not aware about passing of the judgment on 15.11.2008 and after getting the information, they contacted the advocate at Aurangabad and 3 obtained the certified copies and filed the appeal, but the said procedure consumed time, which ultimately led to delay in filing the accompanying First Appeal. 5 The applicants further submit that the applicants have good case on merits. The applicants also submit that delay occurred in filing First Appeal is bona fide and not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. 6 Considering the rival submissions and the averments made in the application, it appears that the delay of 30 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 prayed and 30 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be 4 registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca6339.09