1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C. A. NO. 5686 OF 2005 IN F.A. ST. NO. 14575 OF 2005 (State of Maharashtra & Anr. vs. Smt. Krishnabai Madhukar Kadhane & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 21, 2009. Heard Shri Kankale, learned AGP for the applicants. The prayer is to condone delay of one year and 19 days in filing First Appeal under Section 173 of Motor Vehicles Act. The delay is sought to be explained by pointing out that delivery of judgment on 6.5.2004 was not communicated to the applicants till 16.12.2004. There is an additional affidavit vide Stamp No. 16394 of 2005 mentioning additional facts in support of prayer for condonation of delay. The respective counsel for the respondents strongly oppose the prayer and they contend that delay has not been explained and it is a case of negligence only. During hearing, it has transpired that the office has got the notice of execution and then the judgment became known. The amount has already 2 been deposited. The affidavit does not show any malafides in the matter. Hence, delay is condoned subject to payment of cost of Rs.1,200/- by the applicants to Respondents No. 1, 2 & 3 by 15.3.2009. If the costs are so paid, office to register First Appeal and place it for further consideration. JUDGE *GS.