1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 8814 OF 2005 IN FIRST APPEAL ST. NO. 12316 OF 2005 National Insurance Co. Ltd. ...Applicant VERSUS Kailaschand s/o Manakchand Bhartiya and ors. ...Respondents ..... Shri P.P.Bafna, advocate for the applicant Shri P.M.Yelnoorkar, advocate for respondent nos. 1 to 3 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 14 th JANUARY, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant for condonation of delay of 346 days caused in filing accompanying First Appeal. 3 Learned counsel for the respondents opposed the present application vehemently. 2 4 For the reasons stated in the present application, it appears that the applicant has explained the delay satisfactorily. It also appears that the said delay is not willful, deliberate and intentional, and hence, same deserves to be condoned in the interest of justice. 5 However, considering the number of days of delay i.e. 346 days, learned counsel for the respondents submitted that the said delay is inordinate and if the said delay is condoned, reasonably cost be awarded to the respondents. 6 In the result, present application is allowed in terms of prayer clause ‘B’ and delay of 346 days caused in filing accompanying First Appeal stands condoned, subject to cost, which is quantified at Rs.750/- to be paid by the applicant to the respondents within the period of two weeks from today and the accompanying First Appeal be registered and numbered and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca8814.05