1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 2724 OF 2005 IN FIRST APPEAL ST. NO. 3287 OF 2005 Dhondiram s/o Ganpatrao Bengal ..Applicant (Claimant) VERSUS Mrs. Harjeet Kaur & anr. ..Respondents ..... Shri Sachin Deshmukh, advocate for the applicant Application dismissed against Resp.No.1 Shri Manoj Shelke holding for Shri S.P.Chapalgaonkar, advocate for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Rule. Rule made returnable forthwith. Taken up for final hearing with the consent of the learned counsel for the parties. Heard respective counsel for the parties. 2 The applicant has preferred the present application for 2 condonation of delay of 9 days occurred in filing the accompanying First Appeal, challenging the judgment and award dated 15.10.2004 rendered by learned Ex-officio Member, Motor Accident Claims Tribunal, Hingoli, dismissing M.A.C.P. No.342 of 2000. 3 The applicant submits that delay of 9 days in filing accompanying First Appeal was caused due to inadvertance and illiteracy and lack of legal knowledge of the applicant and same is not willful, deliberate or intentional and therefore, the applicant requested that same be condoned in the interest of justice. 4 Learned counsel for respondent no.2 has opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be rejected. 5 Considering the averments and also considering the rival submissions of the parties, it is apparent that the applicant has explained the delay properly and satisfactorily and the delay occurred is not willful, intentional or deliberate and certainly not not inordinate and hence, same is required to be condoned in the interest of justice. 3 6 Hence, present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 9 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Rule is made absolute accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca2724.05