1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4434 OF 2009 IN FIRST APPEAL ST. NO. 7627 OF 2008 United India Insurance Co.Ltd. ..Applicant VERSUS Deoram Motiram Ushire & ors. Through its Legal Heirs 1- Smt. Sunanda w/o Bhaidas Bedase & ors. ..Respondents ..... Shri A.B.Madake, advocate h/f Shri M.S.Deshmukh, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 38 days in filing the 2 accompanying First Appeal under Stamp No. 7627 of 2008 challenging the judgment and award dated 23.10.2008 passed by learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.Petition No. 484 of 2001. 3 It is the contention of the applicants that after passing of the afore said judgment and award on 23.10.2008, the applicants applied for the certified copies of the said judgment and award on 3.11.2008, the same was ready on 5.12.2008. Thereafter, on 8.12.2008 the Dhule Branch officer of the company sent the certified copies of the judgment and award to Jalgaon Divisional Office, which was received by the said office on 28.12.2008. Thereafter on 3.1.2009 Jalgaon Divisional Office reported the said copy of the judgment to the Regional Office of the company at Nagpur for advice. Thereafter the Regional office at Nagpur forwarded it’s opinion to Jalgaon Divisional Office on 5.2.2009, which was received on 19.2.2009. Thereafter Jalgaon Divisional office forwarded the said file to the concerned local advocate at Aurangabad, which was received by him on 5.3.2009 and thereafter the accompanying First Appeal was filed on 26.3.2009 i.e. beyond the period of limitation causing 38 days delay therein. 3 4 The applicant further submits that the applicant has good case on merits. The applicant also submits that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. 5 Considering the rival submissions and the reasons stated in the application, it appears that the delay of 38 days caused in filing the accompanying First Appeal does not appear to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. Moreover, the applicant has hope of success in the accompanying First Appeal and, therefore, opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits. 6 In the circumstances, the Civil Application is allowed as prayered and 38 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca4434.09