Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member:

There is delay of 67 days in filing the appeal by the Society.  In condonation of delay application and affidavit filed in support thereof number of days of delay is kept blank.  Such type of affidavit cannot be said to be a proof or evidence of the contents therein.  We find that in the prayer clause also of delay condonation application, no prayer is made to condone the delay of 67 days.  So, basically this application and affidavit in support thereof both are not tenable in law.  It is submitted by the appellant that they should be permitted to fill in the gap today.  It is not permissible because if such permission is granted today, then the affidavit filed in support thereof will rendered infructuous and therefore, no such concession can be given to the Counsel for the appellant.  Therefore, this application is required to rejected. Hence, we pass the following order:-

                                                :-ORDER-:

1.                 M.A.No.397/2010 for condonation of delay stands rejected.

2.                 Consequently, appeal does not survive for consideration.

3.                 Copies of the order herein be furnished to the parties.