Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

None present for appellant.  Adv. Mr A U Kullarwar present for respondent.

1.      This appeal was initially dismissed for default on 03.02.2009. Thereafter MA/624/2009 for restoration of appeal was filed. It was restored by the then Member Smt Nagarale by order dtd.08.09.2009.  Thereafter main appeal No.A/08/648 came up today before us for consideration.

2.      The main appeal is having condonation of delay application bearing No.433/08.  We proceed to dispose of this application today.

3.      In Para 2 of this application the appellant mentioned that the complaint was decided by District Forum, Nagpur on 02.05.2008, however, the copy of the said order was supplied to the present appellant on ………… (the date is kept blank). Thereafter the matter was put before the Managing Committee of Bhosala Shikshank Sanstha and decision was taken for filing the appeal.  However, in filing the appeal the delay of ………… days has been caused (days of delay not mentioned).  In prayer also it was mentioned that Hon’ble Court be pleased to condone the delay of ……….. days in the interest of justice. (days of delay not mentioned). 

4.      This application is supported by affidavit sworn in before the Notary on 21.08.2008. The copy of the order of the Forum was supplied to the present appellant on ……..  (date is kept blank). The appeal was filed on 21.08.2009.  So delay is of ……… days (kept blank).  Since this application is simply having blank spaces every-where and specific days has not been mentioned, we cannot allow such sort of delay condonation application.  It is unfortunate that the lawyer, who is drafting condonation delay application and the party who is signing this application and the Notary notarizing the application on affidavit, were negligent and we cannot give premium to the negligence of these three persons. Therefore, we are not inclined to allow the condonation delay application bearing No.433/08.

In the circumstances, we pass the following order.

ORDER

1.      Delay condonation application bearing No.433/08 stands dismissed.

2.      Consequently the appeal bearing No.A/08/648 does not survive for consideration.

3.      Inform the parties accordingly.

Pronounced on 29.04.2011.