1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.478 OF 2007 IN FIRST APPEAL ST. NO.21647 OF 2006 Maharashtra State Road Transport Corporation through its Divisional Controller .... Appellant VERSUS Holkar Karsan Jaware & others ... Respondents ..... Shri D.S. Bagul advocate for the applicant (Ori. Respondent No. 5) Shri C.R. Deshpande, advocate for respondent No. 1 & 5. Shri S.V. Kulkarni, advocate for respondent No. 4 Civil application is dismissed as against respondent No. 2. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : December, 2009 PER COURT : 1 Rule. Rule made returnable forthwith. By consent of learned counsel for the parties taken up for final hearing. 2 2 Perused. Heard learned counsel for the parties. 3 The applicant has preferred the present application for condonation of delay of 73 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 21-11-2005 passed by learned, ist Adhoc Additional Member, Motor Accident Claim Tribunal, Shahada in M.A.C. Petitoin No. 06 of 2002. 4 Learned counsel for the respondent opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 5 On perusal of the averments in the present application and after considering the submissions advanced by learned counsel for the present applicant and after considering the rival submissions advanced by the learned counsel for the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para no. 3,4 & 5 thereof satisfactorily. Hence it appears that the delay occurred in filing the accompanying First Appeal is not deliberate, willful or 3 intentional and, therefore, same is required to be condoned in the interest of justice. 6 In the result, present application is allowed in terms of prayer clause “B” thereof and delay of 78 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered and present application stands disposed of accordingly. 7 Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) SDM/CA478.07