1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.10335 OF 2004 IN FIRST APPEAL (Stamp) No.21235 OF 2004 Nanda w/o Bhausaheb Jadhav applicants-orig. and others petitioners. versus Vivek s/o Baburao Nirpharalale Respondents and others. orig.Resps. ------ Shri A.A. Joshi, Advocate for the applicant. Shri B.N. Palve, Advocate for Respondent No.2. Shri P.C. Mayure, Advocate, holding for Shri S.G. Chapalgaonkar, Advocate for Respondent No.3. Respondent No.1 although served through paper publication, absent. Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 1. Heard learned learned counsel for the parties. 2. This is an application preferred by the applicants for condonation of delay of 296 days caused in filing accompanying first appeal which is on stamp number 21235 of 2004, challenging the judgment and award dated 14.7.2003 rendered by the learned learned Member, Motor Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.568 of 1999. 2 3. Learned Counsel for Respondent No.2 opposed the present applicant vehemently and submitted that the application bears no substance and is devoid of any merits and, therefore, same be rejected. 4. Considering the rival submissions advanced, and also the reasons stated in the application, it appears that the applicants have explained the delay satisfactorily. Moreover, it also appears that the said delay is not wilful, deliberate or intentional and, therefore, the same deserves to be condoned in the interest of justice. 05. In the result, civil 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/ca10335.04