1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO: 769 /2009 in CRIMINAL APPLICATION NO. 770/2009 IN CRI. APPEAL NO.127/2009 (Rajeshkumar Munnalal Chouhan vs. Pradeepkumar Raghurajsing Chouhan ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr A.S. Bhandarkar,Adv. for applicant Mr U N Andhare, Adv. for Respondent C ORAM : A.P. BHANGALE, J. DATED : 27th August, 2009. Heard learned counsel for the respective parties. 2. By this application, the applicant has prayed for condonation of delay of 56 days caused in preferring the Appeal. Learned Advocate for the respondent vociferously objected the prayer on the ground that no sufficient cause is made out; whereas learned Advocate for the applicant submits that there was suggestion of an amicable settlement from the respondent and the applicant waited but applicant avoided to settle the matter. 3. The fact that the applicant opted for settlement out of the Court and deliberately delayed filing of the Appeal along with an application for leave to file appeal. That being so, this cannot be considered as a good ground or sufficient cause within the meaning of Section 5 of the Limitation Act, as the applicant will have to thank himself under such circumstances. 56 days’ delay cannot be condoned as each day’s delay has to be explained satisfactorily. Application is rejected. JUDGE. sahare