D.B. Special Appeal (Civil) No.5/09 The Xerox Modi Corp. Ltd. & Anr. Vs. M/s. Best Xerox Centre Date:24/04/2009 HON'BLE Mr. JUSTICE ASHOK PARIHAR HON'BLE Mr. JUSTICE K.S. CHAUDHARI Mr. Nalin Jain, for appellants. Mr. A.K. Bhargava, for respondent. BY THE COURT: The appeal is directed against the order dated 20.7.2005 passed by the learned Single Judge after a delay of 1266 days. The order-sheet dated 20.7.2005 reads as under:- “Hon'ble Mr. G.S. Misra, J. 20.7.2005 Mr. A.K. Bhargava, for the applicants Mr. M.D. Agrawal, for the respondents The application accordingly stands allowed and disposed of (see separate judgment). B.O. CM” The special leave petition challenging the order dated 20.7.2005 passed by the learned Single Judge has been dismissed by the Hon'ble Supreme Court vide order dated 21.9.2007 may be on the ground of delay. Even a review petition filed by the appellants before the Supreme Court has also been dismissed vide order dated 6.2.2008. As has come on record, the appellants have already submitted their objections before the sole Arbitrator and the proceedings are pending before the concerned Arbitrator. Some orders passed by the Arbitrator have also been challenged by the respective parties before this court. Be that as it may, we find no sufficient grounds or justification for condoning the inordinate delay of 1266 days in filing the present appeal. On the face of it, there appears to be a sheer misuse of due process of law by the present appellants. The application under Section 5 of the Limitation Act is dismissed accordingly as having no merits with a cost of Rs.50,000/- to be paid to the respondent. Consequently, the appeal also stands dismissed. (K.S. Chaudhari) J. (Ashok Parihar) J.