1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CAF No. 641 of 2010 In FA (St) No. 1294 of 2010 Viru v. PMA Const and anr -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr P. S. Mirache, Adv for applicant Ms Varsha Wasu, adv for respdt no.1 Mr A.M. Quazi, Adv for respdt no. 2 Coram: B. P. Dharmadhikari, J Dated: 3rd October 2011 1. Prayer is to condone delay of 613 days caused in filing First Appeal. Ms Wasu appearing for respondent no. 1 has pointed out that delay from November 2008 till filing of application in January 2010 has not been explained at all. Mr Quazi also strongly opposes prayer for condonation of delay. Learned counsel for applicant is seeking time to file appropriate additional affidavit. 2. I am not inclined to grant any time as certificate of Dr Gupta dated 23.12.2008 is already filed at Annexure-A along with application which is sworn on 16.1.2010. Perusal of application demonstrates that though applicant claims that he has taken treatment with Dr Gupta for 4-5 months after November 2008, Dr Gupta has certified treatment from June 2008 to November 2008. There is no explanation as to why 2 after November 2008 or after doctor issued certificate on 23.12.2008, appeal could not be filed. Certificate issued by doctor does not show the date on which appellant/applicant was found fit. 3. It is, therefore, apparent that there are no bonafides on the part of applicant. Application rejected. Judge joshi