srp HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1244 OF 2008 IN APPEAL NO. 161 OF 2008. APPEAL NO. 161 OF 2008. APPEAL NO. 161 OF 2008. --------------------------------l------------------------------ Office Notes, Office Memoranda l of Coram, appearances, Court’s l Orders or directions and l Registrar’s orders. l Court’s or Judges’ Order --------------------------------i------------------------------ Mr. A. S. Peerzada i/b Mr. A. V. Bukhari for the Appellant. Mr. K. H. Naik i/b Mr. S. P. Salkar for respondents. Coram: S.B.MHASE & R.V.MORE, JJ. Date : September 12, 2008. P.C. P.C. P.C. 1. Heard. This is notice of motion to condone the delay of 150 days. The ground stated for condonation of delay was that the appellant could not secure the employment elsewhere despite efforts due to his age nearing retirement, he had to go to his native to attend to couple of family affairs due to which he took some time to discuss the matter with his well wishers and handed over the papers to his advocate and in this process the delay has been caused. The reasons stated by the appellant cannot be reasons covered by the phrase "sufficient cause" as provided in section 5 of the Limitation Act. There is nothing on record to show that the appellant was incapacitated to file the appeal and therefore he could not file the appeal. Notice of motion is therefore rejected. (R.V.MORE, J.) (S.B.MHASE, J.)