1 CA 5419/2000 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5419 OF 2000 IN FIRST APPEAL (ST) NO. 33069 OF 1999 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.M. Kazi for the applicant. Mr. Tejesh Dande for respondent nos.1 to 3. Mr. D.R. Mahadik i/b Mr. S.R. Singh for respondent no.6. CORAM : D.G. KARNIK, J. DATE : 11TH JANUARY 2011 P.C. : 1. Heard learned counsel for the applicant. 2. This is an application for condonation of delay of 1145 days in filing of an appeal. The applicant has stated that the advocate of the applicant was ill and on account of illness he could not attend the hearing and did not inform the date to the applicant. The applicant was 2 CA 5419/2000 therefore not aware of the decision. He has further stated that only after notice of recovery received through the bailiff, he became aware and therefore there was delay. The applicant is completely silent as to the date and the notice of recovery received by him and what steps were taken by the applicant thereafter till the date of filing of the present appeal. These are necessary vital details to ascertain whether the applicant was diligent after knowledge of the decision. In the absence of any material showing the date of the knowledge and the steps taken by the applicant after the date of the knowledge of the decision, the delay cannot be condoned. The application is accordingly rejected. (D.G. KARNIK, J.)