1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6264 OF 2008 IN FIRST APPEAL (STAMP) NO. 29763 OF 2008 Bharat Thakordas Randeria .. Applicant Vs. Acme Engineering Corporation & Ors. .. Respondents Mr. O.P. Pandey i/b M/s. Pandey & Co. for the applicant. CORAM : J. H. BHATIA, J. DATE : 14th October, 2009. P.C. 1. Heard learned Counsel for the applicant. None for the respondents, though served. The applicants had filed suit No.2751 of 2004 seeking certain reliefs from the City Civil Court. The City Civil Court by Judgment and Order dated 31st July, 2006 held that, Civil Court has no jurisdiction under Section 149 of the MRTP Act, in view of the nature of prayer made therein. As per the applicant certified copy of the judgment was made available on 25.08.2006 and certified copy of decree was made available on 18.11.2006. However, the appeal along with this application for condonation of delay was filed on 26th July, 2008 i.e. almost 19 months after the decree was made available. As per the office note 2 there is delay of 745 days in filing the appeal. In para 4 of the application it is contended that, the applicant is old man of 60 years and does not keep good health due to old age. There is nothing on record to show that during the relevant period, the applicant was suffering serious illness and was to take rest and therefore was unable to take steps in filing the appeal. Merely the ground that the applicant is about 60 years old, retired and so could not not file appeal within period, is not acceptable. Therefore, the application stands rejected. 2. As the application for condonation for delay is rejected, Civil Application No. 6265 of 2008 for stay does not survive and stands disposed of accordingly. (J. H. BHATIA, J.)