1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 5915 OF 2007. M. S. R.T. C. Vs. Pralhad Tulshiram Ingle -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Shri V. G. Wankhede, Adv. for appellant. CORAM: C. L. PANGARKAR, J. DATED : DECEMBER 10, 2008. Heard counsel for the appellant. None appears for the respondent. This application has been filed for condonation of delay in preferring first appeal against the order passed by the Commissioner under Workmens Compensation Act. It is alleged in the application that after obtaining the certified copy instead of First Appeal Writ Petition in fact was filed by the appellant. It was found that Writ Petition is not maintainable and therefore the same was withdrawn and this appeal has been filed. Respondent opposes the application. Considering the fact that the appellant was prosecuting proceedings before the wrong Court that time 2 has to be excluded. Since the appellant was proceeding before the wrong Court delay in filing this application has been condoned. JUDGE svk