1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10360 OF 2008 IN FIRST APPEAL ST. NO. 17391 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. J.R. Shaikh, Advocate for applicant. Mr. P.R. Patil, Advocate for respondent Nos. 1 to 3, 6 & 7. CORAM: R.K. DESHPANDE, J. DATED: 15th September, 2009. P.C.: 1. This is an application for condonation of 474 days delay caused in filing the appeal. The appellant is the owner of the vehicle and has been held liable to pay an amount of Rs. 1,87,500/- to the respondents/claimants towards compensation arising out of the motor accident claim petition. 2. It is the contention of the learned counsel for the appellant Shri. Shaikh that the exparte award was passed on 22.2.2007 and the appellant came to know about this award only on 19.7.2008, when the execution warrant was issued by an order below Exh. 10 in Regular Darkhast No. 91/2007 by the Tribunal at Aurangabad. The learned counsel urged that immediately thereafter on 5th of September 2008 he has filed this appeal. The learned counsel for the appellant states that there is a delay of 474 days caused in filing the present appeal. The delay is for 2 bona fide reasons that the appellant was not served with the summons of the Tribunal for appearance in the matter and hence, he could not know the institution of the proceedings. 3. The learned counsel Shri. P.V. Patil for the respondents/claimants Nos. 1 to 3, 6 and 7, on the other hand, urged that there is no ground made out for condonation of delay, caused in filing the appeal, there was a paper publication which must have been noticed by the appellant and hence, the application for condonation of delay is liable to be dismissed. 4. After going through the averments made in the application, I do not find any reason to doubt the bona fide of the applicant. The applicant has made out the sufficient case for condonation of delay. However, it shall be subject to the payment of costs. 5. Hence, the delay caused in filing the appeal is condoned with costs of Rs.5,000/- (Rs. five thousand) to be paid by the appellant to the respondents/claimants within a period of two weeks from today. The application stands disposed of accordingly. [R.K. DESHPANDE, J.] ssc/ca10360.08