1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 414 OF 2009 IN FA ST. NO. 16270 OF 2008 (Smt. Mangala wd/o Arun Kulkarni & Ors. vs. Atul Dhruvkumar Kulkarni & 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 & F.M. REIS, JJ. SEPTEMBER 15, 2009. Heard Shri Shingane, learned counsel for the applicants. The claimants before the M.A.C.T. have filed this application for condonation of delay of 170 days in filing First Appeal under Section 173 of Motor Vehicles Act. Shri Shingne, learned counsel points out that Insurance Company – Respondent No.2 has already filed First Appeal No. 1145 of 2008, which has been admitted on 09.09.2008. He further points out that present application / appeal has been filed on 10.10.2008. There is no appearance for the respondents, though they are served. The reason given in the application is want of funds as the award of M.A.C.T. could not be executed as stay was granted by this Court. In the circumstances, we do not find any malafides in the matter. Hence, delay is condoned. 2 Office to register First Appeal and place it for further consideration along with First Appeal No. 1145 of 2008. JUDGE JUDGE GS.