1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.6234 OF 2011 IN FIRST APPEAL ST.NO.10958 OF 2011 Gauskhan s/o Hamid Khan and anr. ..Applicants Versus Maya w/o Mohan Dhage and ors. ..Respondents Mr N.K.Choudhari, Advocate for applicants Mr R.R.Imale, Advocate for respondents 1 to 6 CORAM : MRS MRIDULA BHATKAR, J. DATE : 13th September 2011 PER COURT 1. Application for condonation of delay is filed by the appellants, who are respondents in the petition filed by the claimants. The Tribunal passed the award of Rs.4,11,354/- against the present applicants/appellants. The application for condonation of delay is opposed by the respondents by filing reply. 2. Learned Counsel for the applicants submits that though the applicants appeared in the matter through their Advocate, no written statement was filed and subsequently, Advocate for the applicants remained absent and did not cross-examine the claimants and did not communicate about the development of the matter to the applicants. It is submitted that a public notice, which is at page 7 was published on 22nd 2 February 2011 and this is how the respondents came to know about the stage of the proceedings. However, due to the communication gap and for want of proper legal assistance, the applicants could not file appeal in time. Hence, delay of 365 days is caused. 3. The applicants ought to have taken necessary precaution to follow up the matter though they have filed appearance through Advocate. However, in the facts and circumstances and in the interest of justice, delay of 365 days is condoned, subject to payment of costs of Rs.2,000/- to be paid to respondent No.1 widow within two weeks from today. If the costs of Rs.2,000/- is not paid within two weeks, as aforesaid, matter would stand dismissed without further reference to Court. ( MRS MRIDULA BHATKAR, J. ) (vvr/6234.11ca)