1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 292/2010 IN F.A. ST. NO. 19604/2009 (Kishor Ramdas Pathare VERSUS Ghanshyam Chandulal Usarbarse & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.R. Sadar, counsel for the applicant. Shri S. Borkar, counsel for the respondent no.2. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 1, 2010 . Heard the learned counsel for the parties. None appears on behalf of respondent no.1, though served. It appears on hearing the learned counsel for the parties and on perusal of the application that the present applicant was not aware of the judgment dated 07.07.2007 until he received the notice from the executing Court on 23.07.2009. It is brought to the notice of this Court that the Motor Accident Claims Tribunal had kept the application under Section 166 of the Motor Vehicles Act on sine die list. Thereafter, when the matter was again taken up after 19.01.2004, the counsel for the applicant appeared in the matter only on a couple of occasions and the matter proceeded against the applicant, exparte. After the applicant 2 got the knowledge about the passing of the judgment and award dated 07.07.2007 on 23.07.2009, the applicant applied for grant of certified copy and after receiving the same, this appeal is filed on 07.12.2009. It is the case of the applicant that after he got the knowledge about the judgment dated 07.07.2007 on 23.07.2009, the father of the applicant had suffered a paralytic attack and was hospitalized for quite some time and the applicant was busy during these days, looking after his father and making provision for the expenses which were incurred for hospitalization. In the aforesaid circumstances, though the prayer made in the civil application is seriously opposed by the learned counsel for the respondent no.2, the prayer made in this civil application is granted subject to the payment of costs of Rs.750/- in the High Court Legal Services Sub Committee, Nagpur within a period of ten days. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE