1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6502 OF 2009 IN FIRST APPEAL ST. NO. 11988 OF 2009 Babasaheb s/o Bhaurao Late ..Applicant VERSUS The State of Maharashtra & orsa. ..Respondents ..... Shri G.C.Nawandar, advocate for the applicant Shri K.B.Choudhary, AGP for the respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the respective parties. 2 The applicant/appellant has preferred the present application for condonation of delay of 18 days in filing the accompanying First Appeal under Stamp No. 11988 of 2009 2 challenging the judgment and order dated 7.1.2009 rendered by the District Judge-III, Jalna, in L.A.R.No. 458 of 2002. 3 The applicant contents that after passing the said judgment and award, he applied for the certified copies thereof on 24.3.2009 and same were received by him on 13.5.2009. However, since there was summer vacation to the court, the applicant could not approach his advocate. Thereafter the accompanying First Appeal was filed on 12.6.2009, but there was delay of 18 days beyond the period of limitation. The applicant has given the reasons in para no. 4 of the application contending that there was paucity of funds to meet the legal expenses for filing the appeal. 4 The applicant further submits that he has good case on merits and has every hope to succeed in the First Appeal. He also submits that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. 5 Learned A.G.P. for the respondent vehemently opposed the present application and submitted that the present application bears no substance and is devoid of any merits and same be rejected. 3 6 Considering the rival submissions and the reasons stated in the application in para nos. 3 and 4, it appears that the delay of 18 days caused in filing the accompanying First Appeal is bona fide and 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 is sanguine 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. 7 In the circumstances, the Civil Application is allowed in terms of prayer clause “B” thereof and 18 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/ca6502.09