-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.3769 OF 2003 APPLICATION NO.3769 OF 2003 APPLICATION NO.3769 OF 2003 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.23299 OF 2003 APPEAL ST.NO.23299 OF 2003 APPEAL ST.NO.23299 OF 2003 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: JUNE 5, 2006. JUNE 5, 2006. JUNE 5, 2006. P.C.: P.C.: P.C.: 1. This is an application for condonation of delay in preferring the Appeal against Judgment and Order dated 12th March 2003 passed by the Motor Accident Claims Tribunal, Thane. The order impugned has been passed on an application under section 140 of Motor Vehicles Act, 1988. In view of the decision of the Full Bench of this Court, First Appeal against the order passed under section 140 of the said Act is not maintainable. If the Appeal itself is not maintainable, application for condonation of delay need not be entertained. 2. Hence, Civil Application is rejected -2- on the ground that the First Appeal is not maintainable. If any amount is deposited by the Applicant in this Court, the same shall be transferred to the concerned Tribunal. The concerned Tribunal will pass an appropriate order regarding disbursement of the amount. 3. It is made clear that the rejection of this application will not prevent the Applicant from filing appropriate proceedings for challenging the impugned Judgment and order. Judge. Judge. Judge.