:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4526 OF 2008 IN FIRST APPEAL STAMP NO. 9391 OF 2003 M/s. Saf Yeast Company Pvt. Ltd. ..Applicant Vs. 1. The Maharashtra State Electricity Board and ors. ..Respondents Mr. A.M. Kulkarni for applicant. Mr. Kiran Gandhi i/by M/s. Little & Co. for respondent nos.1 and 3. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : February 03, 2009. Date : February 03, 2009. Date : February 03, 2009. P.C.: P.C.: P.C.: 1. Heard Mr. Kulkarni the learned counsel for the applicant-company. 2. The applicant had filed First Appeal under Stamp No. 9391 of 2003 and the said appeal was beyond time by 360 days. The applicant did not take any steps to file an application for condonation of delay in filing the First Appeal as required under Order 41 :2: Rule 3A of C.P.C. The Registrar, therefore, granted time of one week to remove office objections which meant to file an application for condonation of delay. No steps were taken and, therefore, on account of the conditional order dated 23/3/2004 the registration in appeal came to be rejected. 3. This application for restoration has been filed almost after four years. With the assistance of Mr. Kulkarni we have perused the reasons set out in para 5 and 6 of this application in support of the prayer for condonation of delay. We are satisfied that the delay has not been explained properly and the applicant has failed to make out good and sufficient reasons to condone the delay caused in applying for restoration. As is evident, the applicant-company has been lethargic right from the beginning. 4. The application is rejected. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)