1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.5959 OF 2001 IN FIRST APPEAL (Stamp) No.17110 OF 2001 Sureschandra s/o Kanyalal Shah applicant/ claimant versus Ahmadbhai Bababhai Nikumbage, since deceased, through L.Rs Pyarekhan s/o Ahmedbhai Nikumbage and others Respondents ----- Shri S.K.Barlota, Advocate, for the applicant. Shri P.C. Mayure, Advocate, holding for Shri S.G. Chapalgaonkar, Advocate for Respondent No.3. Respondent Nos. 1(i) and 1(ii) and Respondent No. 2 although served, are absent. Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 1. Heard learned counsel for the applicant and for Respondent No.3. 2. This is an application preferred by the applicant for condonation of delay of 239 days caused in filing accompanying first appeal which is on stamp number 17110 of 2001, challenging the judgment and award dated 22.9.2000 rendered by the learned Member, Motor 2 Accident Claims Tribunal, Aurangabad in Motor Accident Claim Petition No.143 of 1995. 03. Learned Counsel for Respondent No.3 has vehemently opposed this application, contending that the application bears no substance and is devoid of any merits and, therefore, same be dismissed. 04. Considering the rival submissions advanced by the learned counsel for the parties and for the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that delay is not wilful, deliberate or intentional and, therefore, same deserves to be condoned in the interest of justice. 05. In the result, application is allowed in terms of prayer clause (A) thereof and the delay caused in filing the accompanying first appeal, stands condoned. First appeal, which is on stamp number, be registered and numbered. Present application stands disposed of, accordingly. (Shrihari P. Davare, J.) pnd/ca5959.01