1 CA 618/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 618 OF 2010 IN FIRST APPEAL (ST) NO. 3915 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. C.M. Lokesh i/b Mr. G.S. Hegde for the applicant. CORAM : D.G. KARNIK, J. DATE : 11TH JANUARY 2011 P.C. : 1. Heard learned counsel for the applicant. 2. This application is for condonation of delay in filing an appeal. The impugned order was passed on 21st August 2008 and the appeal has been filed after about 16 ½ months on 9th February 2010. 3. In paragraph 2 of the application, it is stated that two appeals were required to be 2 CA 618/10 filed and somehow the papers of the two appeals got misplaced and only in June 2009 when the inquiries were made, it was realised that the present appeal was not filed. Even if the said averment is taken at the face value, the applicant became aware of not filing of an appeal in June 2009. The present appeal has been filed on 9th February 2010 and that is after 8 months even after the knowledge of delay. The time taken for obtaining certified copy was of 6 days as certified copy was applied for on 15th January 2010 and was received on 21st July 2010. The delay arising after the knowledge that the appeal was not filed in time is not satisfactorily explained. There is no explanation, why certified copy was not applied for till 15th January 2010 even after the knowledge in June 2009 that the appeal was not filed. The facts show gross negligence on the part of the applicant. The application is therefore dismissed. (D.G. KARNIK, J.)