1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2937 OF 2009 IN FIRST APPEAL (Stamp) NO. 16827 OF 2009 The New India Assurance Co. Ltd. ... ... Applicant. Versus Vimal Kailas Bhingare & Ors. ... ... Respondents. Ms. Aarati B. Barve for the Applicant. Mr. Milind Deshmukh for Respondent No.1 to 5. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 7TH JUNE, 2010. P. C.: Prima facie, we are in agreement with the objection taken by the respondents that the application for condonation of delay of 114 days as filed is vague and is bereft of any information. Realising this position, learned Counsel for the applicant seeks time to file better affidavit. 2. In the circumstances, hearing of this application is deferred to 6th July, 2010. Further affidavit of the applicant be filed on or before 21st June, 2010 failing which the application to stand dismissed for non-prosecution without any further reference to the Court. 2 3. If any affidavit is filed, a copy thereof to be served on the respondents in advance and it will be open for the respondents to file reply thereto on or before 1st July, 2010. 4. S. O. to 6th July, 2010. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)