1 ca-2359.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2359 OF 2010 IN F.A ST. NO. 16271 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Rahul Mehta i/by KMC Legal Venture for the Applicant. Shri T.J. Mendon for the Respondent Nos. 1 to 4. -- CORAM : A.S.OKA, J. DATE : 14TH DECEMBER, 2010 P.C.: . Heard learned counsel appearing for the application. This is an application for condonation of delay in filing an appeal against the order dated 9th January, 2009 passed by the Learned Member of the Motor Accident Claims Tribunal in a Misc. Application filed by the applicant. The Misc. Application was filed praying for setting aside the order recording the settlement before the Lok Adalat. 2. The appeal is always a creation of statute. Under 2 ca-2359.10 Section 173 of the Motor Vehicles Act, 1988, an appeal is provided only against an award of the Claims Tribunal. The order impugned cannot be treated as an award governed by Section 168 read with Section 173 of the said Act. Hence, the appeal itself is not maintainable. Therefore, it is not necessary to entertain the application for condonation of delay in filing an Appeal which is not maintainable. 3. Accordingly, this application and the Application No.2360 of 2010 are rejected on the ground that the appeal is not maintainable. However, remedy of the Applicant of challenging the impugned order by filing appropriate proceedings is kept open. Ad-interim relief granted on 2nd July, 2010 will continue to operate for a period of eight weeks to enable the Applicant to adopt appropriate remedy. (A.S.OKA, J)