1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 8882 OF 2003 IN FIRST APPEAL ST. NO. 7576 OF 2003 Smt. Manda w/o Ashok Bhambarkar & ors. ..Applicants VERSUS R.Raju Ramswamy & ors. ..Respondents ..... Shri R.P.Phatake Patil, advocate for the applicants Shri A.B.Gatne, advocate for respondent no.2 Application against Resp. Nos. 1 and 3 already dismissed. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Rule. Rule made returnable forthwith. Taken up for hearing with the consent of learned counsel for the parties. Heard respective counsel for the parties. 2 The applicants have preferred the present application 2 for condonation of delay of 53 days occurred in filing the accompanying First Appeal, challenging the judgment and award dated 28.10.2002 rendered by learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 1081 of 1998. 3 The applicants state that the applicants applied for certified copies on 15.11.2002, which were ready on 22.11.2002 and same were received by the applicants on 28.11.2002 and thereafter the accompanying First Appeal came to be filed, wherein delay of about 33 days was caused. However, the office has calculated the said delay at 53 days. 4 The applicants have stated the reasons for causing the delay in filing the accompanying First Appeal in para no. 4 of the application. It appears that the said delay caused in filing the accompanying First Appeal is not willful, deliberate or intentional and the applicants have satisfactorily explained the said delay. 5 Learned counsel for the respondent no.2 has opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be rejected. 3 6 Considering the averments in the application, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 53 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Rule is made absolute accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca8882.03