1 CA2886.07 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILL APPELLATE SIDE CIVIL APPLICATION NO. 2886 OF 2007 IN FIRST APPEAL(ST) NO. 10688 OF 2007 The Oriental Insurance Co. Ltd. ... Applicant Versus Smt. Savitribai Gangaram Lambhor and Ors.... Respondents Mr. N.G. Ghotekar, Advocate for the applicant. Mr. T.J. Mendon, Advocate for the respondent. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : MARCH 25, 2011 P.C. This application is for condonation of delay in filing the appeal against the Judgment and award dated 3rd August, 2006 by the Motor Accidents Claim Tribunal. Respondent nos. 1 to 5 are the original claimants and respondent no. 6 is the owner of the offending vehicle. By the impugned judgment and order respondent nos. 1 to 5 have been awarded compensation of Rs. 2,52,048/- to be paid by the applicant and respondent no. 6 2 CA2886.07 jointly and severally. The applicant Insurance company disputes its liability to pay compensation to respondent nos. 1to 5 and therefore, seeks to challenge the impugned judgment and order. The Office note shows that the Civil Application is dismissed against respondent no. 6 for noncompliance with the conditional order dated 18th February, 2011. Mr. Ghotekar, the learned counsel for the applicant seeks time to file application for restoration as against respondent no. 6. Mr. Mendon, the learned counsel for respondent nos. 1 to 5 points out that this would be the second occasion for getting the Civil Application restored against respondent no. 6. About four years back the application was dismissed against respondent no. 6 for noncompliance of the order dated 17th Sept. 2007. In the year 2010, the applicant filed Civil Application No. 248 of 2010 for restoration which came to be allowed by the order dated 1st February, 2010 after condoning the delay of more than 760 days. Even thereafter, the applicant did not take any steps to serve respondent no. 6. In view of the dismissal of the application 3 CA2886.07 against respondent no. 6, who is the only contesting party, nothing further survives in the Civil Application for consideration. In any case, there is no case made out in the application for condonation of delay. Hence, Civil Application is dismissed. Consequently, First Appeal (St) No. 10688 of 2007 and Civil Application No. 2887 of 2007 do not survive. The same are accordingly disposed off. The amount of Rs.25,000/- deposited by the applicant be transferred to the trial court. [Judge]