: 1 : 3722-10-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3722 OF 2010 IN FIRST APPEAL (ST) NO. 24205 OF 2010 National Insurance Co. Ltd. .. Appellants v/s. Niruben Bhikubhai Patkar & Ors. .. Respondents ......... Mr. Rahul Mehta for the appellants Mr. Neville Deboo for respondent nos. 1 to 5. ......... CORAM : A.V. NIRGUDE, J DATE : 30th NOVEMBER,2011. P.C. : 1. This application seeks condonation of delay of 1 year and 123 days in filing of the first appeal. This appeal is filed by the Insurance Company. The Motor Accident Claims Tribunal passed the impugned judgment and award dated 7th October, 2008 and yet admittedly their advocate did not seek certified copy of the award till 16th February, 2009. This delay occurred sheerly because the learned advocate appearing for the appellant : 2 : 3722-10-caf=.sxw in the trial Court was negligent in handling the case. Thereafter, the appellant filed the appeal in March, 2010 before the High Court of Gujarat which did not have jurisdiction to entertain the appeal. The appeal memo was returned and then the appellant has come to this Court. At every stage, it seems that the appellant and their advocates have committed errors which could have been avoided only with due diligence. But still I am inclined to condone the delay so that the appeal can be heard on merits. The delay stands condoned on payment of costs of Rs.5,000/- to the respondent nos. 1 to 5. The costs shall be paid within two weeks from today. Application stands disposed of. 2. This appeal can be decided at the admission stage and the appellants Counsel seeks one week time for preparation. In the meantime, respondent nos. 1 to 5 are given liberty to withdraw Rs. 1,00,000/- from the lower Court. (A.V. NIRGUDE, J.)