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

          Misc. Application No.618/2010 for condonation of delay is made to condone the delay in filing Misc. Application No.617/2010 for restoration of appeal No.34/2008 which stood dismissed for default on 10/02/2010.  The reasons given are in two folds, first about the lawyer’s inability to attend the matter and other ground is about his own illness of more than 16 days.

          We heard Mr.Jayale, Advocate for the applicant.

          The reasons are vague.  As far as dismissal of appeal as per order dated 10/02/2010 is concerned, statement in Para 10 in the application is about 18/02/2010 and not about 10/02/2010.  It is revealed from the facts that the applicant was well aware of the date of the proceeding.  No reasonable excuse was shown for not attending the matter on 10/02/2010.  Lawyer was stated to be busy in other matter and thereafter, the lawyer advised the applicant to engage another lawyer and therefore, to engage another lawyer, there is delay.  It is further revealed that the applicant/appellant was all the while in touch with his own people at Mumbai though he was away at Mangalore.  No convincing reasons to hold that he could not take effective steps to file the application.  We are not satisfied with the reasons and hence, the order :-

                             -: ORDER :-

1.       Misc. Application No.618/2010 for condonation of delay stands dismissed.

2.       Consequently, Misc. Application No.617/2010 for restoration is not entertained.

3.       No order as to costs.

4.       Copies of the order be furnished to the parties.

Pronounced

Dated 25th October 2010.