* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2601 OF 2009 IN FIRST APPEAL (ST) NO. 14212 OF 2009 The New India Assurance Co.Ltd .............Applicant V/S. 1. Sangita Sunil Patil & Ors. ..............Respondents --------- Mr. K.M. Hosurkar, adv. for applicant. Mr. Ajay Patil, adv. for respondents no.1 & 4. Ms. Nirmala Bhosale h/f. Ms. P.V. Nichani, adv.for respondent no.6. CORAM :- SMT. R.P. SONDURBALDOTA, J. DATED :- 3RD DECEMBER, 2009. P.C. :- 1. On the oral request of Mr. Hosurkar, the cause title of the First Appeal and the Civil Application is allowed to be amended to describe respondent no.1 as Guardian of respondents no.2 and 3, who are minors. 2. This Civil Application is taken out for condonation of delay of 102 days in filing the appeal to challenge the Award dated 29th September, 2008. The application at paragraph-2 states that the delay occurred on account of illness * 2 * of the advocate for the appellant. Mr. Hosurkar, the learned counsel for the appellant, has filed his personal affidavit in the matter stating that he was ill on account of injury to his right leg. However, the affidavit does not specify the period of the illness. The second ground stated in the additional affidavit is that he is a permanent resident of Pune and practices in this court by coming only twice a week. 3. Mr. Patil, learned counsel appearing for respondents no.1 and 4 and Ms. Bhosale appearing for respondent no.6 oppose the application and contend that the grounds stated in the application cannot be said to be satisfactory. 4. Though there is substance in the objection raised by these respondents, I am inclined to condone the delay only because the reason stated in the application for delay is personal for the learned advocate. However, the delay can be condoned only on condition that the applicant pays costs quantified at Rs. 4,000/- (Rs. Four Thousand Only) to respondents no.1 to 4 in one set and 6 within a period of 4 weeks from today. The Civil Application is allowed in terms of prayer clause (a) subject to the above condition. In the event, the applicant fails to pay the costs within the time granted, the Civil Application will stand dismissed without any further reference to the court. 5. Mr. Patil waives service of notice of final hearing on behalf of respondents no.2 and 3. [SMT. R.P. SONDURBALDOTA, J]