1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A. No. 461 of 2010 In MCA (St) No. 5281 of 2010 Prabhakar v. Sau Meenabai -------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr D.G. Patil, Adv for applicant Mr O.W. Gupta, Adv for respondent Coram : A.P. Bhangale, J. Dated : 17 h June 2010 1. Heard learned counsel for the parties at length. There is delay of 321 days caused in filing application for restoration of second appeal which was dismissed for failure on the part of applicant to file private paper book. 2. Private paper book was ordered to be filed by order dated 24.1.2008. Appellant failed to file it and on 17.1.2009 when the appeal was listed, this Court directed the appellant to file paper book within six weeks subject to payment of costs of Rs. 200/- to be paid to the High Court Legal Services, Sub- committee at Nagpur by 31.3.2009. In fact, finally six weeks’ time was granted to appellant to do the needful vide order dated 2 24.1.2008, but in the interest of justice, time was extended upto 31.3.2009. Conditional order was made on 17.1.2009 that if appellant failed to file paper book within the extended time, appeal would stand dismissed automatically without reference to the Court. 3. There are no credible and cogent reasons stated in the application for delay that has occurred in filing the application for restoration. Delay cannot be excused on vague averments. A litigant seeking for condonation of delay is required to furnish satisfactory explanation and convincing grounds. There is no merit in the application and the same is dismissed. Judge. Hsj