1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2438 OF 2009 WITH CIVIL APPLICATION NO. 2439 OF 2009 IN FIRST APPEAL ST. NO.9871 OF 2009 National Insurance Co. Ltd. ..Applicant. Vs. D.Sam Selvaraj and ors. ..Respondents. Mr.N.G.Ghotekar & J.H.Ghotekar for the Applicant. Mr. Ashok Tejane for the Respondents 1 and 4. CORAM :R.S.MOHITE, J. DATE : 15th January, 2010 P.C. 1 This is an application for condonation of 462 days delay in filing the first appeal. After hearing both the sides, there is certain degree of negligence on the part of the insurance company. In the circumstances, in the interest of justice and subject to deposit of two cheques of Rs.10,000/- each in favour of the respondent No.1 and respondent No.4, application is allowed . Office 2 to number the first appeal and place the same for admission on 4.2.2010. CIVIL APPLICATION NO. 2439 OF 2009 1 Heard both sides. 2 Order dated 3.12.2009 imposing costs of Rs. 20,000/- is recalled as it is pointed out to me that Rule was issued in the application for condonation of delay and the applicant has taken steps. Main appeal is now listed for admission on 4.2.2010. This application to be listed along with the said appeal for further order. (R.S.MOHITE, J.)