rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2216 OF 2007 CIVIL APPLICATION NO. 2216 OF 2007 CIVIL APPLICATION NO. 2216 OF 2007 IN IN IN FIRST APPEAL (ST) NO. 29716 OF 2006 FIRST APPEAL (ST) NO. 29716 OF 2006 FIRST APPEAL (ST) NO. 29716 OF 2006 ....................................................... Office Notes, Office Memoranda . of Coram, appearances, Court’s . Orders or directions and . Registrar’s Order Court’s or Judge’s Order ....................................................... Mr.V.Y.Sanglikar for Applicant. Mr.M.B.Kotak for respondent nos. 1 to 3. CORAM : J.N.PATEL AND CORAM : J.N.PATEL AND CORAM : J.N.PATEL AND A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE : 9TH OCTOBER, 2007. DATE : 9TH OCTOBER, 2007. DATE : 9TH OCTOBER, 2007. P.C. :- P.C. :- P.C. :- . Heard learned counsel for the parties. Mr.Kotak learned advocate who appeares for the claimant submits that the application cannot be considered for two reasons. Firstly, no sufficient cause is shown in the affidavit and secondly there is no leave obtained under section 170 of Motor Vehicle Act, 1988. In so far as second aspect is concerned it shall be taken up for consideration at the stage of :: 2 :: admission. So far as delay is concerned it is on the part of the advocate who appeared for the Insurance Company before the Court and therefore the delay of 334 days is condoned subject to costs of Rs.5000/- which shall be paid to the respondent nos. 1 to 3 within a period of three weeks. 2. The learned counsel for the applicant submits that he would draw cheque in the name of respondent no. 1 towards costs and hand it over to the learned counsel for the respondents /claimants. Statement is accepted. The matter be listed for admission after costs is paid. (J.N.PATEL,J.) (J.N.PATEL,J.) (J.N.PATEL,J.) :: 3 :: (A.A. SAYED, J.) (A.A. SAYED, J.) (A.A. SAYED, J.)