: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3774 OF 2003 ALONG WITH APPEAL (LODGING) NO.692 OF 2003 IN SUIT NO.2055 OF 1994 M.B. Kocha, Prop.of Cloro Control Equipments Company ....Appellant V/s. Associated Road Carriers Ltd. ....Respondent None for the Appellant. None for the Respondent. CORAM : A.P. SHAH AND S.J. VAZIFDAR, JJ. DATED : 11TH JANUARY, 2005. P.C. : 1. The Applicant and his advocate absent. 2. The suit was filed against the Appellant for recovery of a sum of Rs.63,921=86 ps. along with interest at the rate of 18% p.a. including the principal amount of Rs.43,195/- from the date of suit till realisation. The Appellant put in appearance through his advocate. However, no written statement was filed and when the suit was posted for hearing : 2 : before the learned single Judge, the Appellant as well as his advocate remained absent. There is delay of nearly four years in filing the Appeal. The explanation for the delay is wholly unsatisfactory. In the circumstances, Notice of Motion as well as Appeal stand dismissed.