1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 985/2009 (M/s Omprakash & Ramchandra and others vs. Central Bank of India ) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A.P.BHANGALE,JJ. DATED: 7 th May, 2009. *** 1. Heard Mr B M Kharkate, learned counsel for the petitioners and Mr S M Patrikar, for Respondent. 2. This petition is directed against the order dated 18.2.2009 passed by the Debts Recovery Appellate Tribunal, Mumbai, whereby Misc. Application No.930/2008 filed by the petitioners in Appeal No.6/2009 came to be dismissed, on the ground of limitation. 3. Considered the contentions canvassed by the respective learned counsel. Perused the impugned order passed. 4. The delay is of 303 days. The reason given for delay caused in approaching the Appellate Tribunal is financial constraints. It is 2 the duty of the borrower to pay back the loan which is obtained. The litigants are required to be vigilant in pursuing the proceedings before the Court/Tribunal. It is no doubt true that the delay simpliciter with adequate reason should be condoned in the larger interests of the parties and to have a decision on merit, however when the delay caused is inordinate and without any sufficient cause, in that event, it is difficult to condone the same. 5. In the circumstances, the conclusions arrived at by the Appellate Tribunal, in our view, are just and proper, need no interference. Writ Petition is dismissed. JUDGE JUDGE sahare