1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12522 OF 2009 IN FIRST APPEAL ST. NO. 21610 OF 2009 Maharashtra State Road Transport Corporation, Nandurbar, through its Depot Manager, MSRTC, Dhule ...Applicant (Original appellant) VERSUS Surendrasing Bhupendrasingh Rajput ...Respondent ..... Shri D.S.Bagul, advocate for the applicant Shri Mukul Kulkarni, advocate for the respondent. ..... CORAM : S.B.DESHMUKH AND SHRIHARI P.DAVARE, JJ. DATED : 2nd December, 2009. PER COURT : 1 Perused. Heard learned counsel for the respective parties. 2 Learned counsel for the applicant/appellant has preferred the present application for condonation of delay of 120 2 days in filing the accompanying First Appeal challenging the judgment and award dated 24.3.2009 rendered by the learned Motor Accident Claims Tribunal, Nandurbar in M.A.C.Petition no. 53 of 2007. 3 Learned counsel for the respondent opposed the present application vehemently and submitted that the present application bears no substance and same is without any merits and hence same be rejected. 4 Considering the averments in the present application and also after considering the rival contentions, it appears that the applicant/appellant has explained the delay in para nos. 2 to 6 of the present application satisfactorily. Moreover, it also appears that the said delay of 120 days is not willful, deliberate or intentional and hence said delay is required to be condoned in the interest of justice. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 120 days in filing accompanying First Appeal stands condoned. Civil Application is accordingly disposed of. Accompanying First Appeal be registered accordingly. (SHRIHARI P. DAVARE, J.) (S.B.DESHMUKH, J.) dbm/ca12522.09