1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 8323 OF 2008 IN FA ST. NO. 15764 OF 2008 (Sunanda Govind Khobragade & Ors. vs. Sudhakar Balaji Harde & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 30, 2009. The application is by original claimants in Motor Accident Claims Petition for condoning delay of 307 days in filing first appeal under Section 173 of the Motor Vehicles Act. The reason given is that the application for certified copy was filed within limitation and certified copy was also obtained but it was misplaced. Hence, another application was required to be filed and after receipt of that certified copy, the appeal along with prayer for condonation of delay has been filed. It is mentioned that the period of six months, which is required to obtain certified copy is excluded, delay is not more than 97 days. Shri Lahiri, learned counsel for the applicant has produced the xerox copy of said certified copy to show that the certified copy earlier obtained was misplaced. 2 Shri Vyas, learned counsel as also Shri Somani, learned counsel for the respondents are strongly opposing the prayer for condonation of delay. Both the learned counsel pointed out that this is not the reason disclosed on affidavit. Shri Vyas, learned counsel contends that the application needs to be decided on the basis of reasons disclosed on the affidavit. As xerox copy of earlier certified copy obtained has been produced before this Court and application is by original claimants who have lost before MACT, I do not find any malafides in the matter. Hence, delay is condoned. Office to register first appeal and place it for further consideration. JUDGE *GS.