1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5697 OF 2008 IN FIRST APPEAL ST. NO. 26863 of 2008 National Insurance Co.Ltd. .. Applicant versus Varsha Babubhai Kholakiya & Ors. .. Respondents ... Mr.N.G. Ghotekar for the applicant. Mr.M.B. Kotak for respondent nos.1 to 3. CORAM : B.H.MARLAPALLE AND D.G. KARNIK, JJ DATED : 9th January 2009 P.C.: . Heard Mr.Ghotekar learned counsel for the applicant Insurance Company. . First Appeal under Stamp No.26863 of 2008 2 has been filed belatedly and hence this application for condonation of delay. . As per the office note, the delay is of 101 days and the reason/justification in support of this application has been stated in paragraph no.3 which reads as under:- "There is delay of about 109 days in filing this appeal. It deserves to be condoned in the interest of justice. Applicant/Appellant has a good chance of succeeding in the appeal. If delay is not condoned by this Hon’ble High Court, irreparable damage will be caused to the Applicant. . We are satisfied that the application has been filed under most casual manners by nationalised insurance company and though we are inclined to condone the delay of 101 days. There is a case made out to award exemplary costs. Hence, application is allowed and delay caused is condoned subject to the applicant paying an amount of Rs.5,000/- by way of costs. 3 . The applicant to issue cheque for the said amount of Rs.5,000/- in the name of Smt.Varsha Babubhai Kolakiya (respondent no.1) and to be handed over to Mr.Kotak within two weeks from today. . List the appeal for admission after three weeks. (D.G. KARNIK, J) (B.H.MARLAPALLE, J)