{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10986 OF 2004 IN FIRST APPEAL STAMP NO.15743 OF 2004 Parubai Nivruti Kamble APPLICANT VERSUS Shaikh Kalik Musa & others RESPONDENTS ....... Mr.Shrikrishana Shinde, Advocate for applicant Mr.V.N.Upadhye, Advocate for respondent No.3 ....... [CORAM : A.V.POTDAR, J.] DATE : 5th September 2009 PER COURT: 1. By the present application, the applicant has prayed for condonation of 76 days delay in preferring first appeal challenging the judgment and order passed by Motor Accident Claims Tribunal on 26.03.2004 in MACP No.429/2002. 2. It is contended by learned counsel on behalf of the applicant that in fact the appeal was filed within limitation, however at the time of filing of the appeal, the slip, annexed to the certified copy was not filed as the same was lost during transit {2} from Latur to Aurangabad. Therefore, the applicant was required to again apply for the same and after receiving the same the appeal is filed, however during this process the delay is caused. 3. The respondents have not filed their reply. As the contentions of the applicant remained uncontroverted, the application is allowed in terms of prayer clause “B” and stands disposed of with no order as to costs. [A.V.POTDAR, J.] drp/ca10986-04