1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1855 OF 2009 IN FIRST APPEAL (ST.) NO.7465 OF 2009 New India Assurance Co. Ltd. ..Applicant. Vs. Smt.Pratibha Sudhir Pore & Ors. ..Respondents. Mr.Indrajeet Kulkarni for the for the Applicant. Mr.Pritesh Bohade i/b. Mr. Dilip Bodake for the Respondents. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 6TH MAY, 2009 P.C. :- Heard Mr.Kulkarni, the learned counsel for the Applicant insurer and Mr.Bohade h/f. Mr.Bodake, the learned counsel for the Respondents. 2. Leave to amend. 3. The Applicant insurer has filed First Appeal (St.) No.7465 of 2009 but belatedly and hence, this application for condonation of delay. 4. As per the office note, the delay is beyond time by 75 days. The Claimants have filed an affidavit in reply and opposed the application. 5. Admittedly, the award sought to be challenged in the Appeal has 2 been passed on 26.9.2008 and a certified true copy of the same was received by the insurer on 15.10.2008. The pre-deposit amount cheque was prepared on 16.2.2009. It is submitted by the learned counsel for the Claimants that the delay between 15.10.2008 to 16.2.2009 has not been properly explained. 6. We have heard Mr. Kulkarni and perused the grounds for condonation of delay, set out in this application. We are satisfied that the application is not inordinately delayed and the delay of 75 days deserves to be condoned but by levying costs. 7. Hence, the application is allowed and the delay of 75 days is condoned subject to the Applicant paying a sum of Rs.1000/- by way of costs to the Claimants. Costs be paid to the Claimants through their learned Advocate within two weeks. 8. List the Appeal for admission on 8.6.2009. 9. In the meanwhile, we direct the Applicant insurance company to deposit the entire award amount as payable on 31.5.2009, with the Claims Tribunal before the next date. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)