Date 25/10/2012

Per Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.

1.       Adv.Shri.A.M.Mamidwar is present for the appellant. Adv. P.R.Adkine holding for Adv.K.C.Sant is present for the respondent No.1. None is present for the respondent No. 2 though served. We have heard the aforesaid advocates on delay condonation application. It is submitted by Adv. Shri.Mamidwar that the certified copy of the judgment and order dated 17/07/2007 was received by the appellant on 31/07/2007 and thereafter the appeal was filed on 30/08/2007. The appellant   was under  impression that he has right to prefer an appeal within  90 days after compliance period of 30 days mentioned in the order and that  appeal could not be filed as there was  Diwali vacation and   therefore the delay of 75   days is occurred in filing appeal and it  may be condoned.

2.       On the other hand Adv.Shri.P.R.Adkine submitted that the delay of 75 days is not properly explained. It is not specifically stated as actually on what date the certified copy of judgment and order was dispatched. He further submitted that application does not specifically given day  to day explanation  about the said  75  days delay and hence delay may not be condoned.

3.       It is not stated as to how the appellant came  under impression that the period of appeal  provided is of 90 days and as which advocate told him that period of appeal is over. In our view, wrong  impression of the appellant that actual period of appeal is 90 days is no good ground to condone the delay.  Moreover, grounds mentioned in the application for condonation of delay of 75 days are not   satisfactory and convincing to condon the delay. In the result   we are not inclined to condon the delay. Hence order.

O   R    D    E  R  

1.       The application for condonation of the delay is rejected.

2.       Consequently the appeal stands dismissed.

3.       No order as to cost.

4.       Copies of this  order  be sent to both the parties.