(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F. NO. 1840/2010 IN F.AST.NO.8065/2010. Jitender Niharkumar Majumdar VERSUS Vaishali Vinayak Bhoot and another. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : R.M.SAVANT, J. DATED : 21.01.2011. Heard Shri H. Chandurkar, the learned Counsel for the applicant and Shri A.J. Purohit, the learned Counsel for the respondent no.2. By the above Civil Application, the applicant seeks condonation of delay of 283 days in filing the First Appeal. The reasons therefor are mentioned in the Civil Application. The sum and substance of the said reasons are, that the applicant who is a Bank Officer is transferred to Gondia in April, 2006 and therefore was not in touch with his counsel appearing on his behalf in the claim petition. The applicant was posted back to Nagpur in 2008 and thereafter the award came to be passed on (2) 24.01.2009. The applicant states that he acquired the knowledge of the said award some time in the 2nd week of April, 2010. Resultantly, the delay of 283 days has occasioned. On behalf of the Insurance Company, an affidavit in reply has been filed questioning the reasons mentioned in the Civil Application. The learned Counsel appearing for respondent Insurance Company also submits that the said reasons do not constitute a sufficient cause. I have heard the learned counsel appearing for respective parties. In my view, a case for condonation of delay is made out. It is a well settled position, that a party should be allowed to pursue its remedy on merits, rather than being thrown out on technicalities. The reasons mentioned are not so unacceptable, as is sought to be contended by the learned counsel for the Insurance Company. In that view of the matter, the Civil Application is required to be allowed and is accordingly allowed. Resultantly, the delay of 283 days in filing the First Appeal stands condoned. However, the interest of justice requires that the appellant pay costs of Rs. 2000/- to the respondent no.2 Insurance Company by 03.02.2010. The payment of said costs would be a condition precedent. On the evidence being (3) produced by the learned Counsel for the applicant, of having paid the said costs, the benefit of this order would enure to the applicant. If the costs are not paid as directed by this Court, the application would be deemed to have been rejected. Civil Application is accordingly disposed of. JUDGE Rgd