1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 3263 OF 2006 IN FIRST APPEAL ST. NO. 5756 OF 2006 New India Assurance Company Limited ...Applicant Appellant Orig. Resp.no.4 VERSUS Balasaheb S/o Dharma Kasbe ...Respondent Orig. Claimant ..... Shri S.L.Kulklarni, advocate for the applicant/appellant Shri V.R.Mundada, advocate for respondent no.4 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant/appellant and respondent no.4. Respondent nos. 1, 3, 5 and 6 absent, despite service. Application dismissed against respondent no.2. 2 2 The applicant has preferred the present application for condonation of delay of 20 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 22.11.2005, rendered by learned Motor Accident Claims Tribunal, Latur in M.A.C.Petition No. 515 of 2001. 4 Learned counsel for respondent no.4 opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 5 Considering the averments in the present application and after considering the rival contentions of the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para nos. 4 and 5 thereof satisfactorily. Moreover, it also appears that the said delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 20 days caused in filing the accompanying First Appeal stands condoned. Accompanying First 3 Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca3263.06