1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9072 OF 2008 IN FIRST APPEAL ST. NO.15447 OF 2008 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. V. N. Upadhye, Advocate for applicant. Mr.V. P. Latange, Advocate for respondent no.1. ....... [CORAM : K.U.CHANDIWAL, J. ] DATE : 11th January, 2010. PER COURT : 1. Heard Shri.V. N. Upadhye, the learned Counsel for the applicant extensively. There is delay of 1412 days in causing to file the first appeal. Mr. Upadhye states that the delay is not intentional, but time has taken in prosecuting the review petition moved by the appellant-insurance company. 2. The Counsel states that the very review application itself was decided in the year 2008 and still no action is being taken against the said order rejecting the review 2 petition. 3. The amount involved in the claim petition is of Rs.17,000/- for the accident dated 04.12.1997. Considering all the situation, the delay is not sufficiently explained and hence the civil application is dismissed. Consequently, the appeal is dismissed. 4. Incidentally at the time of lodging of the appeal, the amount is deposited. The claimants at liberty to receive the said amount. The stay petition is disposed of accordingly. [ K.U.CHANDIWAL ] JUDGE gas/ca9072.08