IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1495 of 2001 in Appeal Ld.Nlo.589 of 2001 in Suit No.1643 of 1981 Messrs.Ahmed Woollen Mills & Anr. ..Appellants Vs. Syndicate Bank ..Respondent Shri N.K.Mudnaney for appellants. None for respondents. CORAM: A.P.SHAH & CORAM: A.P.SHAH & CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. 10th January,2005 10th January,2005 10th January,2005 P.C. P.C. P.C. 1. Heard Advocates. 2. This is defendant’s notice of motion for condonation of delay in filing the appeal. 3. The appeal is directed against the exparte decree passed in summary suit filed by the respondent Bank. The suit was filed in 1981 and the writ of summons was duly served upon the defendants. Inspite of service of summons the defendants failed to file the written statement and consequently the exparte decree came to be passed on 20th August, 1996. There is a delay of more than 5 years in filing this appeal. Explanation given by the defendants for the delay is wholly untenable and unsatisfactory. In our opinion, no case is made out for condonation of such gross delay. Notice of motion is, therefore, dismissed.