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

Mr.Vijay Bolinjkar-Advocate for the applicant/appellant.  Mr.S.A.Patil-Advocate for respondent nos.1&2 files vakalatnama.  Taken on record.  He submits that he has not been given copy of misc. application for condonation of delay preferred by the applicant/ appellant.  Office is directed to give copy of delay condonation application immediately to Advocate S.A.Patil. 

          In filing this appeal there is delay of 102 days. To seek condonation of delay, he has filed misc.application no.MA/11/60 wherein it is mentioned that applicant/appellant has received copy of the order on 28/09/2010 and instead of filing appeal on or before 28/10/2010, appellant filed appeal on 07/02/2011.  To explain delay of 102 days, applicant/appellant has given two medical certificates.  First he had gone to abroad on tour to Hongkong and was therefore not available for giving instructions to his Advocate at Mumbai.  He had returned before expiry of 30 days statutory period for filing appeal.  That period has no relevance for deciding condonation of delay application. 

          Another ground taken by the applicant/appellant is that he was suffering from Chickenguniya for which he was taking treatment of Dr.Ingawale of Kolhapur and Dr.Ingawale has issued certificate that from 20/10/2010 to 31/01/2011 applicant/appellant was suffering from Chickenguniya and was under his treatment. He has also produced on record some prescriptions and medical bills in support of his contention but the prescriptions are such that those tablets cannot be prescribed by Homeopath.  He is not permitted to prescribe allopathic drugs.  Certificate, prescriptions and the bills are of no use to the applicant/appellant to seek condonation of delay of 102 days in filing this appeal.  On the whole we are finding that delay is not properly explained and as such condonation of delay application is liable to be rejected.  Hence Misc.Application No.MA/11/60 for condonation of delay stands rejected.  Consequently, appeal does not survive for consideration.  Order accordingly.

Copies of the order be furnished to the parties.

Pronounced on 20^th December, 2011.