Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
Heard Adv. Pradip Rajput on behalf of the Applicants/Appellants on the application for condonation of delay. Adv. Nitin Nikam is present on behalf of the Non-Applicant/Respondent. He prays that the application for condonation of delay may be decided upon hearing the Learned Counsel for the Applicants/Appellants.
[2] There is a delay of 158 days on the part of the Applicants/Appellants in filing an appeal bearing No.555 of 2011 and to seek condonation of delay in filing appeal, the Applicants/Appellants have filed a Miscellaneous Application No.288 of 2011. Application for condonation of delay is supported by an affidavit dated 14/6/2011 sworn by the Applicant/Appellant No.1, namely – Mr. Sandip Sadashiv Satpute. According to the Applicants/Appellants, the Applicant/Appellant No.2, namely – Mr. Sadashiv Pandurang Satpute is the working hand in the family of the Applicants/Appellants. Applicant/Appellant No.2 is a rickshaw driver by profession and since he was suffering from heart related ailment, he could not approach any advocate for filing an appeal. Applicants/Appellants have simply filed an affidavit in support of the delay condonation application but, no medical certificate is appended to this delay condonation application to corroborate the averments made in the delay condonation application. So, other than the pleadings and affidavit, there is no proof to show that the Applicant/Appellant No.2 was suffering from heart related problem. We are finding that there is no just and sufficient cause established by the Applicants/Appellants in filing this appeal so belatedly after lapse of 158 days. In the circumstances, we are not inclined to condone the delay.
Hence, we pass the following order:-
ORDER
Miscellaneous Application No.288 of 2011 seeking condonation of delay in filing Appeal No.555 of 2011 hereby stands rejected. Consequently, the appeal does not survive for consideration.
No order as to costs.
Pronounced and dictated on 08th February, 2012
