IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 428 OF 2009 IN STAMP NUMBER MAIN NO. 1593 OF 2009 SHRI. ARVIND KUMAR SETH ... Applicant Versus BABAJI GOVIND SAWANT AND ANR., ... Respondents Mr. Shambhu S. Kakodkar, Advocate for the applicant. Coram:- U. D. SALVI, J. Date:- 7th January, 2010 P.c. Heard. Perused application and the affidavit in support. Respondents though served with the notice of this application have not controverted the case of the applicant. 2. 94 days delay in preferring the appeal is sought to be condoned on the ground that Advocate for the applicant in the trial Court failed and neglected to prefer the present appeal within prescribed time and the applicant who is illiterate person was under the bonafide belief that the appeal has been preferred by the Advocate against impugned judgment and award passed by the Claims Tribunal. Word of the applicant is supported by the affidavit of one Rajesh Kumar Singh who happened to accompany applicant to the office of the Advocate for giving suitable instructions in the matter for preferring appeal. 3. Delay needs to be condoned. Delay is condoned. Appeal be numbered. 4. MCA no. 428/2009 stands disposed off accordingly. U. D. SALVI, J. vn