1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.6676/2008 IN FAST NO.11667/2008 --------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.M.Godsay, Adv., for the applicant. Mr.R.D.Mane, Adv., for respondent nos. 1 to 4. Mr.N.V.Yadav, Adv., for respondent no.5. ... CORAM : K.U. CHANDIWAL, J. DATED : 11th JUNE, 2009 ... P.C.:- 1. Heard Mr. Godsay, Counsel for the appellant and also Mr Mane, Counsel for respondent nos. 1 to 4. There is delay of 508 days in filing first appeal. Normally, such exorbitant delay will not be condoned, however, it is a case where the Clerk of the Counsel has betrayed the confidence reposed in him by swindling the amount recovered from Insurance Company, for preferring the appeal. The Counsel, having faith in the Clerk, did not pay attention in the matter and, ultimately, the appeal, as was required to be filed within schedule, could not be complied with. 2 There is affidavit of Mr.Godsay, Counsel, to substantitate the contention. It is also a matter of record, the Clerk concerned is removed from the roll as a registered clerk of the Advocate. 2. In the situation, though Mr.Mane, Counsel, has straneously opposed the application, to condone the delay, the delay being not deliberate and unintentional, carved out due to situation and circumstances beyond the control, it is condoned. Application allowed. No costs. (K.U. CHANDIWAL), JUDGE agp/ca6676-08a