1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application No. 4532 of 2008 National Insurance Co. Ltd. Vs. Suresh Deorao Hazare Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri A. K. Somani, Adv. for appellant. Shri Jadhav, Adv. for respondents. CORAM: C. L. PANGARKAR J. Dated: 1 st December, 2008. Heard counsel for the appellant and the respondents. This application has been filed for condonation of delay of 558 days in preferring the First Appeal. Respondents though duly served have not contested the application by filing reply. Application discloses that the appellant had handed over the papers to Advocate Shri S. R. Pathak for filing appeal. It is stated that Advocate Pathak suddenly died and the appellant was under 2 the impression that the appeal must have been filed. Appellant came to know about the appeal not having been filed when the notice of execution was received. In view of what has been stated and in view of the fact that respondents have not controverted the allegations, the application is allowed subject to payment of costs of Rs.500/- to be paid equally to each of the respondents. Counsel for both the respondents are present. JUDGE svk