26.ca.3686.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3686 OF 2009 IN FIRST APPEAL [STAMP] NO.21811 OF 2009 The New India Assurance Co. Ltd. ..Applicant. Versus T.M. Mahesh & another. ..Respondents. ... Mrs.Urmila K. Sanil, Advocate for the Applicant. Mr.Tejesh Dande, Advocate h/f. Pradip Shingate, Advocate for respondent No.1. ... CORAM : K. K. TATED, J. DATED : 4TH DECEMBER, 2009 P.C. 1. Heard learned Counsel Mrs.Sanil for the applicant and learned Counsel Mr.Dande for respondent No.1. Though respondent No.2 is served, no one appeared on behalf of respondent No.2 when the matter is called out. 2. Present Civil Application is preferred by the Insurance Company for condonation of delay of 33 days in filing the First Appeal against the judgment and award dated 28th 26.ca.3686.09 2 February, 2008 passed by the Motor Accident Claims Tribunal, Pune in Claim Application No.232 of 2001. 3. It is the case of the applicant that it remained on the part of their Advocate in trial Court to forward certified copy of the judgment and award to them immediately and, therefore, there is delay in preferring the present First Appeal. It is further stated in the Civil Application that the present Advocate took some time to draft Appeal memo and arrange for the court-fees and cheque for Rs.25,000/- to be deposited under Section 173 of the Motor Vehicles Act, 1988. 4. The learned Counsel appearing on behalf of the applicant states that they have a good chance of success in the present First Appeal. On the other hand, the learned Counsel appearing on behalf of respondent No.1 vehemently opposed the present Civil Application on the ground that the applicant failed to disclose sufficient cause for condonation of 33 day's delay in preferring the appeal. 5. Considering the reasons disclosed in the Civil Application, Civil Application is allowed in terms of prayer clause (i), 26.ca.3686.09 3 which reads as under : "(i) there is delay of 33 days in filing the appeal and the same may be condoned in the interest of justice." 6. The applicant to pay a sum of Rs.750/- (Rs.Seven Hundred Fifty Only) to respondent No.1 towards cost as condition precedent. Civil Application is disposed of accordingly. (K.K.TATED, J.)