1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.3595 OF 2002 IN FIRST APPEAL (Stamp) No.4517 OF 1999 Sushilkumar s/o Kawalsingh Jain applicant versus Fayaz Ahmed and others. respondents ----- Shri A.A. Joshi, Advocate for the applicant. Respondent Nos. 1 and 2 absent although served through paper publication. Shri A.G.Kanade, Adv. for Respondent No.3. Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 1. Heard learned counsel for the applicant, so also learned Counsel for Respondent No 3. 2. This is an application preferred by the applicant for condonation of delay of 23 days caused in filing accompanying first appeal which is on stamp number 4517 of 1999, challenging the judgment and order dated 30.10.1998 rendered by the learned Member, Motor Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.241 of 1992. 2 03. Learned Counsel for Respondent No.3 opposed present application vehemently and submitted that it bears no substance and is devoid of any merits and, therefore, same deserves to be dismissed. 04. Considering the rival submissions advanced on behalf of the parties, and also for the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that the said delay is not wilful, deliberate or intentional and certainly it is not inordinate and, therefore, same deserves to be condoned in the interest of justice. 05. In the result, civil application is allowed in terms of prayer clause (B) thereof and the delay caused in filing the accompanying first appeal, stands condoned. First appeal, which is on stamp number, be registered and numbered. Present application stands disposed of, accordingly. (Shrihari P. Davare, J.) pnd/ca3595.02