1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4434 OF 2009 IN FIRST APPEAL (STAMP) NO. 26596 OF 2009 WITH CIVIL APPLICATION NO. 4435 OF 2009 IN FIRST APPEAL (STAMP) NO. 26596 OF 2009 The New India Assurance Co. Ltd. … Applicants. Versus Smt. Sandyha Dinesh Bamhane & Ors. .… Respondents. Mr. Dinesh B. Gupta for Applicants. Mr. T.J. Mendon for Respondents No. 1 to 3. CORAM: R.S. MOHITE, J. DATED: 5TH FEBRUARY, 2010. P.C. This Civil Application is for condonation of 223 days delay in the filing of the Appeal. On perusing paragraph No.2, it is seen that mere dates have been given and there is no explanation as to why the Appeal has been filed beyond 223 days. It is seen that the Advocate for the Respondents states that in the mean while the decree has been already executed and amount has been already 2 withdrawn. In such circumstances, in the absence of any explanation the delay cannot be condoned. The Civil Application is dismissed and Consequently, the Appeal papers be filed. CIVIL APPLICATION NO. 4435 OF 2009 IN FIRST APPEAL (STAMP) NO. 26596 OF 2009 As the Civil Application for condonation of delay has been rejected, this Civil Application also does not survive and also disposed off. (R.S. MOHITE, J.)