1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.3761/2009 IN FA ST.NO.5386/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.BK Pawar, Adv. h/for Mr. AB Kale, Adv. for applicant; Mr. Mr.BT Bodkhe, Adv. h/for Mr. AK Tiwari, Adv. for R.No.1. ___ CORAM : K.U.CHANDIWAL, J. DATE : 18 th March, 2010. ... 1) Heard. 2) Mr.Ambhore for the Insurance Company absent. 3) Counsel for Respondent No.1 has opposed to condone delay of 361 days caused in filing the appeal. 4) The applicant feels to be a victim of the accident occurred on 5.11.2002 near village Chinchkheda where he allegedly suffered severe injuries. The Claim was partly allowed. The claimant feels aggrieved by the same, however, could not challenge the Award in a reasonable time. The delay is not deliberate. The claimant was restrained from collecting the necessary documents due to the circumstances beyond his control. The grounds in the application sufficiently elaborate the delay to be not deliberate. Hence, delay of 361 days 2 caused in filing the first appeal is condoned, application allowed as above. 5) Counsel for Respondent Nos.1 and 2 waive service in the appeal. 6) Call R. and P. 7) To be heard finally at admission stage. 8) S.O. to 15th June, 2010. (K.U.CHANDIWAL) JUDGE bdv/ca3781.09