1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.111 OF 2009 in APPEAL FROM ORDER(ST.) NO. 843 OF 2009 Bhairavnath Transport ....Applicant Versus Smt. Sakhubai Abhiman & Ors. ....Respondents Mr. Gautam Kamble i/b. Shri S. G. Deshmukh for the Applicant. None for the Respondents. CORAM : R. V. MORE, J. DATE : 22nd JUNE, 2009. P.C. : Heard, learned Counsel for the Applicant. None appears for the Respondent though served. 2. The Application is taken out for condonation of delay of 425 days occurred in filing the aforesaid Appeal from Order. By the ex-parte order dated 4th February, 2006, the Respondents’ application was allowed and present Applicant was directed to pay compensation of Rs.4,07,700/- to the Respondents with interest @ 9% p.a.. The Applicant filed an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the above said ex-parte award. That application was rejected and therefore, the present Appeal from Order. 2 3. The Applicant initially filed revision, writ petition, and first appeal and all the proceedings were allowed to be withdrawn with liberty to file the present Appeal from Order. In the process, the delay occurred. In my view, the delay is liable to be condoned in view of provision of section 14 of the limitation Act, as the Applicant was prosecuting the remedies in wrong forum. The Applicant also makes a statement that the entire amount of the award granted by the Commissioner under the Workmen’s Compensation Act, is already deposited. In the aforesaid circumstances, the Civil Application, is allowed. 4. Office is directed to take appropriate steps to register the Appeal from Order and place the same for admission. sd/- (R. V. MORE, J.)