1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 31. CA/6335/2008 In FAST/10866/2008 WITH CA/6336/2008 In FAST/10866/2008 --------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.G.Chapalgaonkar, Adv., for the applicant. Mr. Sandeep S.Deshmukh, Adv., for respondent nos. 1 to 5. ... CORAM : K.U. CHANDIWAL, J. DATED : 2nd July, 2009 ... P.C.:- 1. Heard both the Counsel extensively. 2. There is delay of 90 days in causing to file appeal. The Counsel representing the claimant has objected to entertain the application taking recourse to First Appeal No 750/2009 arising out of the same accident. The compromise in First Appeal No.750/2009 shall not be applicable in the matter of condonation of delay of 90 days. The delay is substantially explained. The rights of the Insurance Company where they are seeking to challenge the judgment and order passed in MACP No. 2 192/2005 dt.16.11.2007, need not be curtailed on technicalities and it should not be foreclosed. Consequently, the delay is condoned. Application is allowed. 3. Mr.Deshmukh, Counsel, represents all the respondents, waives service in the appeal. By consent,, the parties agree to dispose of the appeal at admission stage. S.O. to 9th July, 2009. (K.U. CHANDIWAL) JUDGE agp/ca6335-08