1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5527 OF 2006 IN FIRST APPEAL ST. NO. 10907 OF 2006 Sk. Ismail s/o Sk. Chand ...Applicant Orig.claimant VERSUS Rameshbabu s/o Shankerrappa/ayya & ors. ...Respondents Orig. respondents ..... Shri R.K.Jadhavar, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. Nobody appears for respondent no.1 in spite of service. Civil Application dismissed against respondent no.2. Shri S.V.Kulkarni, advocate for respondent no. 3 absent. 2 The applicant/appellant has preferred the present 2 application for condonation of delay of 100 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 28.10.2005 passed by learned Ex-Officio Member, Motor Accident Claims Tribunal, Jalna in M.A.C.Petition No. 180 of 2001. 3 Considering the averments in the present application and after considering the rival contentions of the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para no. 3 thereof satisfactorily. Moreover, the said delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is certainly not inordinate and is required to be condoned in the interest of justice. 6 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 100 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca5527.06