1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F. No. 2249 OF 2009 (In F.A. St.No.11679/09) Lalita wd/o Bhumeshwar Zode & ors. v. The Controller of MSRTC & anr. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Ms. M.H. Pathade Advocate for the Appellants. Mr. R.S. Charpe Advocate for Res. no.1. ..... CORAM: A.B.CHAUDHARI, J. DATED : 21 st NOVEMBER,_2009. This is an application for condonation of delay of more than two years in filing the appeal. Learned counsel for respondent no.1 opposed the application and argued that the appellants withdrew the amount of Rs.3,63,440/- on 25.1.2007. Learned counsel for the appellants submits that the entire amount has not been allowed to be withdrawn but some amount has been invested in fixed deposit as per orders of this Court. Looking to the fact that Court-Fee of Rs. 3,000/- has been paid and there is suppression of fact of 2 withdrawal of the amount in the application for condonation of delay, a ground has been raised that appellant no.1 is a poor lady having no cash in hand and therefore could not pay the Court-Fee and hence there is delay, the reasons do not appear to be bona fide and is a result of from falsus in uno falsus in omnibus. The appellants ought to have been honest in disclosing all the facts which were within their knowledge. That has not been done. The application is therefore dismissed. Consequently, First Appeal stands dismissed. JUDGE /TA/ 3