-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1217 OF 2007 WITH APPEAL (LODGING) NO. 276 OF 2007 IN SUMMONS FOR JUDGMENT NO. 809 OF 2001 IN SUMMARY SUIT NO. 1064 OF 1997 The Cuncolim Education Society .....Appellant versus Seafarers Welfare Fund Society .... Respondent Ms. Somali Humane, instructed by Mr. S.S. Pakale, for the appellant. CORAM: R.M.S. KHANDEPARKAR & P.B. MAJMUDAR, JJ. DATE: JUNE 04, 2008. P.C. Heard learned advocate for the appellant. Perused the affidavit in support of the Notice of Motion as well as the papers relating to Appeal (Lodging) No. 276 of 2007. 2. Admittedly, there was a delay of 1509 days in preferring the appeal. The only explanation which is sought to be furnished for such a long -2- delay is that the then Chairman of the Society was bed-ridden and he expired on 18th January, 2004. The impugned decree was passed on 3rd February, 2003. The affidavit apparently discloses that the appellant was duly represented by their Advocates in the said suit. There is no explanation as to why neither leave to defend was sought nor as to why steps were taken to set aside the order of ex parte proceedings. Mere claim that the then Chairman of the Society was sick and that too without producing any medical evidence as regards the alleged sickness of the said Chairman, cannot disclose any cause for condition of delay, leave aside sufficient cause. In the circumstances, in the absence of sufficience cause being shown for such a long delay of 1509 days, we do not find any case made out for grant of relief in the nature of condonation of delay. Notice of Motion is, therefore, dismissed. Consequently, Appeal (Lodging) No. 276 of 2007 is also dismissed. R.M.S. KHANDEPARKAR, J. P.B. MAJMUDAR, J.