1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 1942 OF 2006 IN FIRST APPEAL ST. NO. 3777 OF 2006 M/s Pawar Medical & General Stores ...Applicant APPELLANT Orig. Deft. No.1 VERSUS Central Bank of India & ors. ...Respondents ..... Shri D.S.Raut, advocate holding for Shri J.R.Shah, advocate for the applicant/defendant no.1 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant/defendant no.1. Leave to amend the number of days of delay in the present application. Nobody appears for respondent nos. 1, 2, 3B to 3G in spite of service. Application dismissed against respondent no.3A. 2 2 The applicant/defendant no.1 has preferred the present application for condonation of delay of 157 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 21.6.2005, passed by learned Adhoc Additional District Judge, Jalgaon in Special Civil Suit No. 345 of 1994. 3 Learned counsel for the applicant submits that the applicant is the original defendant no.1 and the afore said suit was decreed on 21st June, 2005 and the defendants were ordered to pay amount of Rs. 2,09,719.50 ps. along with future interest at the rate of 12 per cent per annum from the date of the suit till realisation thereof. However, mistakenly the applicant had filed the appear before the learned District Judge, Jalgaon although the right forum was this court and hence, delay of 157 days was caused in filing the accompanying First Appeal. 4 Considering of the averments in the present application and also considering the submissions advanced by learned counsel for the applicant, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in the application satisfactorily. Moreover, it also appears that the delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same 3 is required to be condoned in the interest of justice. 5 In the result, present application is allowed in terms of prayer clause ‘A’ thereof and delay of 157 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca1942.06