1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6336 OF 2009 IN FIRST APPEAL ST. NO. 3072 OF 2009 Bhatu s/o Daga Chavan ..Applicant VERSUS Baliram s/o Yashwant Borse and anr. ..Respondents ..... Shri M.H.Patil, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 12 days in filing the 2 accompanying First Appeal under Stamp No. 3072 of 2009 challenging the judgment and award dated 20.11.2008 passed by learned Commissioner for Workmen’s Compensation and Judge, Labour Court, Dhule in Workmen’s Compensation Application No. 38 of 2006. 3 The learned counsel for the applicant submits that after passing of the afore said judgment and award on 20.11.2008, the applicant applied for the certified copies of the said judgment and award on 1.12.2008, the same were ready on 12.12.2008 and delivered on 23.12.2008. However, due to illiteracy and financial crisis as well as paucity of funds, the applicant could not file the accompanying First Appeal within the period of limitation and prayed that the delay caused be condoned in the interest of justice. 4 The applicant further submits that the applicant has good case on merits. The applicant also submits that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and same is occurred due to joblessness and 50 per cent disability of the applicant, therefore, prayed that same be condoned in the interest of justice. 3 5 Considering the rival submissions and the averments made in the application, it appears that the delay of 12 days caused in filing the accompanying First Appeal does not appear to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. Moreover, the applicant has hope of success in the accompanying First Appeal and, therefore, opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits. 6 In the circumstances, the Civil Application is allowed as prayed and 12 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca6336.09