1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4320 OF 2009 IN FIRST APPEAL ST. NO. 4016 OF 2009 National Insurance Co. Ltd. ..Applicant VERSUS Abdulakhan s/o Gauskhan Pathan & ors. ..Respondents ..... Shri S.V.Kulkarni, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 28 days in filing the accompanying First Appeal challenging the judgment and award 2 dated 24.10.2008 passed by learned Member, Motor Accident Claims Tribunal, Gangakhed, District Parbhani in M.A.C.Petition No. 134 of 2005. 3 It is the contention of the applicant that after passing of the afore said judgment and award on 24.10.2008, the applicant applied for the certified copies of the said judgment and award on 17.11.2008 and obtained the same on 21.11.2008. The Divisional Office at Aurangabad forwarded the papers on 30.1.2009 but could not instruct the advocate to file appeal because of administrative difficulties. Accordingly, it is the contention of the applicant that delay of 28 days was caused in filing the accompanying First Appeal beyond the period of limitation. 4 The applicant submits that the said delay of 28 days in filing the First Appeal is minor. The applicant further submits that the applicant has good case on merits and has every hope to succeed in the First Appeal. The applicant also submits that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. It is further submitted that no prejudice would be caused to the respondents, if the present application is allowed, since the respondents would 3 get the opportunity to contest the First Appeal on merits. 5 Considering the averments made in the present application, more particularly in para nos. 2, 3, 4 and 5 thereof and also considering the submissions advanced by the applicant, it is apparent that the delay of 28 days caused in filing the accompanying First Appeal does not appear to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. 6 In the circumstances, the Civil Application is allowed in terms of prayer clause ‘B’ and 28 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca4320.09