1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION O. NO.206/2011 IN MISC. CIVIL APPLICATION ST. NO.13729/2010 IN REJ. FIRST APPEAL NO.488/2002 Smt. Lata wd/o Ramesh Rajurkar and others ...Versus... Mohd. Abdul Kadir and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri P.A. Shendre, Adv. for applicants] CORAM : A.B. CHAUDHARI, J. DATED : 26.09.2011. First appeal was filed in this Court against the award made by the Motor Accident Claims Tribunal, Nagpur on 27.6.2001. The appeal was filed in this Court by the claimants on 17.10.2002, feeling aggrieved by the award of less compensation. Learned Counsel for the applicants states that the appeal was filed within limitation. It appears that office objection was for deficit of payment of court fees to the extent of Rs.20/- and that is why appeal was rejected on 10.12.2002 since the said objection was not removed. That is the only objection on which the appeal stood dismissed. The reason given in the applications for condonation of delay and restoration of appeal is that the clerk failed to mark the case before Registrar and had then left the job. There is no 2 reason why the client should suffer for the mistake of the office of the Advocate particularly because the appeal stood dismissed for want of payment of Rs.20/- deficit court fees. Hence, I am inclined to condone the delay. Hence, delay is condoned. Civil Application is allowed. Civil Application stands disposed of. MISC. CIVIL APPLICATION ST. NO.13729/2010 Heard. For the reasons stated in the application, the same is allowed. Appeal is restored to file. Misc. Civil Application stands disposed of. Objection of deficit court fees etc. shall be removed within a period of one week from today. Since the appeal relates to the year 2002 and since the Tribunal had granted compensation over Rs.2,00,000/-, it would be appropriate to to decide the fate of the appeal at the stage of admission itself finally. Hence, issue notice on appeal to the respondents, after removal of office objections, returnable on 14.11.2011. JUDGE ssw