1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 36. CA/9165/2009 In FAST/19564/2009 WITH CA/9166/2009 In FAST/19564/2009 (Dasu Dattoba Chaure Vs. Namdeo Baburao Popalghat) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.S.Jadhavar, Adv., for the applicant. Mr. A.N.Nagargoje, Adv., for respondent. ... CORAM: K.U.CHANDIWAL, J. DATE: 6/1/2010 P.C.:- 1. Heard. There is delay of 310 days in causing to file the First Appeal arising out of the controversies in Motor Accident Claims Petition. Considering the reasons assigned, the delay, being not deliberate and there is no remissness on the part of the appellant Dasu ( respondent in the claim petition), delay is condoned. Application allowed. No costs. First Appeal be 2 registered. 2. Heard. Both the Counsel submit, the original respondent Dasu was not aware of the transfer of the matter from Gangakhed to Parbhani and, resultantly, it has turned ex parte. Both the parties submit, the impugned order, subject matter of First Appeal, needs to be set aside, as the matter needs to be re-heard by the learned Member and, accordingly, without adverting to the merits of the award recorded by the learned Member, M.A.C.T., Parbhani, and, as prayed by both the sides, impugned order is set aside. No costs. The matter is remitted to the learned Member, M.A.C.T., Parbhani, to decide the MACP No. 5/2004 within six months. The parties shall cause appearance before the learned Member, M.A.C.T., Parbhani, on 2nd Feb., 2010. The Counsel for the appellant agrees to remit Rs.5,000/- (Rs.five thousand) as costs, payable to the claimants, before 3 the learned Member, which is to be paid on 2nd Feb.,2010. Appeal and application disposed of in above terms. (K.U.CHANDIWAL) JUDGE ... agp/ca9165-09