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

     This is an application for condonation of delay in filing application for restoration of the appeal which stood dismissed for default on 01.12.2008.

     It is alleged by the Applicant that he came to know about the dismissal order only when he approached his Advocate on 04.07.2009 and thereafter he took steps to file this application.  This application was filed on 13.08.2009.  Even considering the date of knowledge, i.e. 04.07.2009, this application for restoration is not filed within 30 days.  Apart from that on perusal of the impugned order dated 01.12.2008 shows that the copy of the said order was sent to the Applicant on 01.01.2009.  Nothing has been stated about receipt of the said copy.  He made statement about his wife’s burning, but as to when it happened is nowhere stated.  Further it has not been stated in the said application when he approached to his lawyer.  Under the circumstances, we are not at all convinced about the reason mentioned to condone this inordinate delay.  We hold accordingly and pass the following order:

O  R  D  E  R

     (i)       Application for condonation of delay stands dismissed.

    (ii)       Consequently, Misc. Application No.1257/2009 for restoration of Appeal No.1667/2000 not entertained.

  (iii)       No order as to costs.