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

Heard Mr.Nagesh Chavan –Advocate for the applicant/appellant. Mr.S.V.Kelkar-Advocate files say to delay condonation application and also files say to stay application. He is opposing both the applications.  In filing this appeal there is delay of 85 days, hence applicant/appellant has filed delay condonation application.  In delay condonation application in prayer clauses (a) & (b) there is no mention as to how many days delay occurred in filing this appeal. That apart to seek condonation of delay of 85 days, counsel for the applicant is relying upon the medical certificate issued by Dr.C.D.Desai.  What is pertinent to note is the fact that applicant is Siddhivinayak Automobile, who is mentioned somewhere as partnership firm and somewhere it is mentioned as private limited company.  In the vakalatnama it has been mentioned that appellant is Siddhivinayak Automobiles Pvt.Ltd. but surprisingly, it is filed through its partner.  So everything is appearing to be shrouded in mystery.  We do not know whether appellant is a Private limited company or it is a partnership firm and in the application for condonation of delay, verification has been made by Mr.Praful Vijay Tarlekar, Manager of applicant whereas in the affidavit he is shown as partner.  So neither the affidavit nor delay condonation application is inspiring any confidence.  Both the documents along with medical certificate issued by practicing doctor are appearing to be false and frivolous.  Delay of only three weeks is properly explained but since delay is admittedly of 85 days, we are not inclined to condone delay on such sorts of false and frivolous application.  Therefore misc.application for delay condonation stands rejected.  Consequently, appeal does not survive for consideration. No order as to costs.

Copies of the order be furnished to the parties.

Pronounced on 27^th January, 2012.