(Passed on 27.07.2012)

Per Mr S M Shembole, Hon’ble Presiding Memebr

None for the appellant is present. Its counsel Mr Adkar is also absent. Adv. Smt V Deshmukh for the respondent No.1 and Adv. Mr Sambare for respondent No.2 are present. On last date also nobody for the appellant is present. Hence, appeal deserves to be dismissed in default. It be recalled at 3 p.m. for order.

Later on Adv. Ms K S Tidke appeared for respondent No.3.

Matter is recalled at 3.15 p.m. but none for the appellant appeared. Its counsel is also absent. The record reflects that the appellant as well as its counsel are absent since 14.09.2011. However, on 14.09.2011 Proxy Adv. Mr Ahmed appeared and sought adjournment on the ground that Adv. Mr Adkar for the appellant is ill but, in spite of granting adjournment till 21.03.2012, on the adjourned date, nobody appeared for the appellant. Therefore, matter was adjourned till today by way of last chance. But today also nobody for the appellant is present.

The record further reflects that there was inordinate delay of 44 days in filing the appeal and delay condonation application is pending since the year 2009. On perusal of delay condonation application, it reflects that there is no just & reasonable ground to condone such inordinate delay of 44 days. It is merely mentioned in the delay condonation application that copy of impugned judgement & order was misplaced and some time was required to trace out the copy. But it is not disclosed as to when, where the copy of impugned judgement & order was misplaced and when it was traced out. Therefore, such vague averments cannot be accepted.

Any how, nobody for the appellant is present since the date 21.03.2012 the appeal deserves to be dismissed in default and accordingly, it is dismissed. 

No order as to cost.

Copy of this order be supplied to the parties.