1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.111 OF 2009 IN NOTICE OF MOTINO NO.3824 OF 2008 IN S.C. SUIT NO.1808 OF 1981 WITH NOTICE OF MOTION NO.974 OF 2009 IN APPEAL NO.111 OF 2009 Babulnath Jadunath Pandey ..Appellant. Vs. Viren Balwantsingh Solanki and others ..Respondents. .... Mr. Madhav Jamdar for the Appellant. Mr. D.D. Madan, Senior Advocate with Mr. K.H. Mody i/b Gordhandas & Fozdar for Respondents 2A and 2B. .... CORAM: DR. D.Y. CHANDRACHUD, J. & MRS. MRIDULA BHATKAR, J. 21st March, 2009. P.C. : The Learned Single Judge dismissed a Notice of Motion taken out by the Second Defendant, who is the Appellant in these proceedings seeking the condonation of the delay of 24 years in filing the written statement. The suit was instituted in 1981 and it is an 2 admitted position before the Court that upon the service of the writ of summons, the Second Defendant had entered appearance through an advocate. The affidavit in support of the Notice of Motion, does not contain any satisfactory explanation for the long delay in excess of two decades in filing the written statement. The Appellant averred that he had contacted his advocate in the year 1982-83. Thereafter, it has been stated that the advocate was elevated as a Judge of this Court in the year 2002-03. There is absolutely no explanation as to why no steps were taken in accordance with law for pursuing the defence of the proceedings between 1982 and 2002. Besides, in paragraph 4 of the judgment of the Learned Single Judge it has been stated that it was in 2007 that the Appellant contacted his present advocate when he came to know that the advocate who had been appearing for him was elevated. Therefore in fact no steps were taken by the Appellant right from 1982-83 until 2007. In these circumstances, the order of the Learned Single Judge does not suffer from any error or infirmity. The appeal is accordingly dismissed. In view of the dismissal of the Appeal, Notice of Motion 974 of 2009 becomes infructuous and stands disposed of accordingly. 3 DR. D.Y. CHANDRACHUD, J. Mrs. MRIDULA BHATKAR, J.