No. 3/23.04.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant is present through Ld. Advocate Mrs. Baishali Ghosal, the Ld. Advocate.  Heard the Ld. Advocate for the Appellant – Petitioner in support of the application for condonation of delay.  It appears that the judgement was passed on 14.12.2007 and the appeal was filed on 12.02.2009.  The explanation available in the application is that the Petitioner was out of station and the judgement was delivered and on subsequent enquiry the Petitioner came to know in March, 2008 that the judgement had been already delivered and accordingly an application was made for obtaining certified copy of the judgement.  The Petitioner had undergone a by-pass surgery and from January, 2008 is suffering from high blood pressure and Petitioner had been advised to take absolute rest and the Petitioner being a Ld. Advocate himself decided to file the instant appeal upon perusing the said judgement.  In the said facts as we find that such long delay has not been explained giving sufficient materials and it is not available as to why enquiry was made after three months from the date fixed for delivery of judgement or as to when the by-pass surgery had taken place.  Even regarding the suffering from high blood pressure from January, 2008 it has not been stated how long it continued.  In the circumstances as there is no sufficient explanation mentioning the periods whatsoever we are unable to accept the explanation as an appropriate one.  In the circumstances as it appears that the Appellant did not act vigilantly, the application is dismissed and the appeal also stands dismissed.