FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3784 OF 2005 IN FIRST APPEAL (ST.) NO. 4746 OF 2005 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 8 days caused in filing the appeal. Office note indicates that the civil application is dismissed as against respondent Nos. 1 to 4. Heard Shri A.S. Deshmukh, learned counsel for the applicant and Shri Mundada, learned counsel for the respondent No.5. For the reasons set out in the application, I am satisfied that the delay is sufficiently explained. Hence, civil application is allowed in terms of prayer clause "B" with no order as to costs. (R.G. KETKAR, J.) Date:08.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 4746 OF 2005 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ It is a common ground raised by the learned counsel for the parties, that against the very judgment and award dated 31.12.2004, respondent No.5 Insurance Company preferred first appeal No. 353 of 2005 and the same has been admitted by this court on 5.9.2005. In view of the aforesaid position, this first appeal is admitted. Office note indicate that the first appeal is dismissed against respondent Nos. 1 to 4. Shri. Mundada, waives service on behalf of respondent No.5. To be heard with first appeal No. 353 of 2005. Call for record and proceedings of the case. (R.G. KETKAR, J.) Date:08.12.2009. rlj/