1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6329 OF 2009 IN FIRST APPEAL ST. NO. 9217 OF 2009 Satish s/o Kashinath Dhadge ..Applicant VERSUS The M.S.R.T.C., Mumbai ..Respondent ..... Shri V.P.Latange, 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 7 days in filing the accompanying First Appeal under Stamp No. 9217 of 2009 2 challenging the judgment and award dated 14.1.2009 passed by learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.Petition No. 447 of 2008 on application Exh.5 under Section 140 of the Motor Vehicles Act rejecting the said application. 3 The applicant has putforth the easons for condonation of delay caused in filing the accompanying First Appeal in para no. 2 of the application, contending that he is the only earning member after death of his father and mother and, therefore, he was not having income source to meet the expenses for court fees and filing the appeal. 4 The applicant further 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 averments made in the application, it appears that the delay of 7 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. 3 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. 6 In the circumstances, the Civil Application is allowed as prayered and 7 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/ca6329.09