Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     None present for the Applicant/Appellant. 

     Perused the application for condonation of delay.

     There is delay of 266 days in filing the appeal and therefore, this application is filed.  Reasons mentioned in paragraph nos.6 to 9 of the application are relevant for the purpose of deciding this application.  It is stated that the Junior Advocate committed mistake in noting the date before the Forum below and that ultimately led to non-appearance of the Appellant before the Forum below and the matter was decided in their absence.  It is further submitted that on 25^th January, 2010 the impugned order passed on 19.09.2009 came to the notice of Applicant and thereafter on perusal of the record of Forum below they came to know about the circumstances under which the ex-parte order was passed.  Thereafter no steps were taken since the applicant was required to go and remain outside the State and he was able to return to Mumbai only in the first week of March, 2010 and took further steps to file appeal.  The reason narrated is quite vague and no particulars are given to explain this inordinate delay and further, once it was noticed that the lawyer failed to take an appropriate steps, the Applicant could have taken steps to file the appeal.  But, even thereafter several months were taken to file an appeal.  Hence, we find, the Applicant/Appellant has failed to explain inordinate delay of 266 days in filing the appeal and holding accordingly, pass the following order:

O  R  D  E  R

  (i)          Application for condonation of delay stands rejected.

(ii)          In the result, Appeal No.816/2010 is not entertained.

(iii)          No order as to costs.