1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 2611 of 2009 IN FIRST APPEAL ST. NO. 2811 of 2009 Oriental Insurance Company Limited ... Applicant VERSUS Balaji Dattu Ahilwad & others .... Respondents ..... Shri Dhananjay Deshpande, advocate for the appellant. Shri S.S. Mahale advocate for respondent Nos. 1 to 3. Respondent Nos. 4 & 5 absent in spite of service. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 09th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant has preferred the present application for condonation of delay of 37 days caused in filing the accompanying First Appeal, challenging the No fault Liability order below Exh. 5 rendered by the learned District Judge-1 & Member, 2 Maharashtra Accident Claim Tribunal, Latur dated 23-09-2008 in M.A.C. Petition No.115 of 2008. 3 After considering the submissions advanced by the learned counsel for the applicant, it appears that the applicant has explained reasons for the delay in para Nos. 3 & 4 of the present application satisfactorily. Moreover, the said delay does not appears to be deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 4 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 37 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly, and it be heard along with First Appeal No. 2733 of 2009 as submitted by the learned counsel for the applicant. (SHRIHARI P. DAVARE, J.) SDM/CA2611.09