1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.1601 OF 2005 IN FIRST APPEAL (Stamp) No.1679 OF 2005 United India Insurance Co.Ltd. Applicant-orig. Resp. No.3. versus Durgadas s/o Dagadu Bhagwat Respondents/Resp. and others Nos.1 & 2 orig. claimants 1 & 2. Resps.3/4 orig. Resp.Nos. 1 & 2, Resp.Nos.5 to 8 orig.resp Nos.4 to 7. ------------------------------------------------------------- Shri V.R. Mundada, Advocate for the applicant. Shri B.V.Dhage, Advocate for Respondent Nos.1 and 2 A(absent). Application is dismissed as against Respondent Nos. 4 and 6. Respondent No.5 although served, absent. Shri P.G. Patil, Advocate, holding for Shri R.N.Dhorde, Advocate for Respondent No.7. ------------------------------------------------------------- Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 1. Heard learned counsel for the respective parties. 2. This is an application preferred by the applicant for condonation of delay of 39 days caused in filing accompanying first appeal which is on stamp number 1679 of 2005, challenging the judgment and award dated 13.9.2004, rendered by the learned Member, Motor 2 Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.27 of 2001. 3. Respondent No.7 has filed the affidavit in reply and opposed the present application vehemently, contending that the application bears no substance and is devoid of any merits and, therefore, same be rejected. 4. After considering rival submissions advanced by learned counsel for the parties and for the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that the said delay is not wilful, deliberate or intentional and certainly it is not inordinate and, therefore, same deserves to be condoned in the interest of justice. 5. In the result, application isallowed in terms of prayer clause (B) thereof and the delay caused in filing the accompanying first appeal which is on stamp number, stands condoned. The said appeal be registered and numbered. Present application stands disposed of, accordingly. (Shrihari P. Davare, J.) pnd/ca1601.05