1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1219 OF 2008 IN APPEAL (LODG) NO.174 OF 2008 IN SUMMARY SUIT NO.992 OF 2002 Bombay Aluma Private Limited. ...Appellant vs. Sudhir Dattaram patil. ...Respondent --- Mr.Shekhar Jagtap, for Appellant. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 26th March,2009. P.C.:- 1. The facts that are relevant for deciding this notice of motion which is for condonation of delay in filing appeal are that Summary Suit no.992 of 2002 was filed against the appellant for recovery 2 of the amount of Rs.6,00,000/- (Rupees Six lakhs only) with interest. Summons for judgment was taken out in the suit by the plaintiff. That summons for judgment was decided on 20.3.2007, the defendant was granted conditional leave to defend the suit. The condition was that the defendant to deposit an amount of Rs.6,00,000/- in the Court. The defendant filed an appeal against that order which was Appeal (Lodg) no.520 of 2007. It is an admitted position that the appeal was rejected by the Appeal Court. As the appeal of the defendant was rejected by the Appeal Court and as the appellant-defendant did not comply with the condition subject to which he was granted leave to defend the suit, the Court passed decree in the suit on 11.12.2007. The present appeal is preferred against that decree. 2. In our opinion, the present appeal itself is not maintainable in view of the dismissal of the appeal filed by the appellant against the order granting conditional leave to defend the suit. The present appeal challenges the order which is merely a consequential order because conditional order to 3 defend the suit was passed and as that condition was not complied with, there is no leave to defend the suit. In such situation, the Court has no alternative but to grant decree in the absence of any leave to defend the suit. When the appeal itself is not maintainable, there is no question of condonation of delay. Notice of motion is, therefore, dismissed. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---