S.A. No. 909 of 2001 Hon. Prafulla C. Pant, J. Shri Chandramauli Shah, Advocate present for the applicant/appellant. This is delay condonation application No. 7600 of 2009, for condonation of delay in filing the restoration application MCC No. 647 of 2009, for restoration of Second Appeal No. 909 of 2001, which was dismissed for non prosecution on 16.09.2005. Heard. There is 1,444 days delay in moving the restoration application. The ground for delay, mentioned in the affidavit, does not explain the delay before the year 2007. This appeal was received from Allahabad High Court after it is transferred to this Court in the year 2001. The order sheet shows that the appellant was represented through his counsel Shri B.P. Nautiyal and Shri Anant Tiwari, in the year 2001, and on the subsequent dates. It is not the case where the appellant had no knowledge of the transfer of the appeal to this Court. There is not a single word in the affidavit, which explains why the application could not be moved earlier. Restoration application has been moved in the year 2009 only. Merely by stating that in September 2007, the appellant/applicant suffered paralytic attack, does not explain as to under what circumstances the application was not moved prior to September 2007. Delay condonation application is rejected. The restoration application MCC No. 646 of 2009, is also rejected, as barred by time. (P. C. P., J.) Dt. 15.09.2009 S