1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2054 OF 2009 IN FIRST APPEAL (STAMP) NO.11522 OF 2009 M/s.Bindal Textile Mills Ltd. ....Appellant V/s. Maharashtra State Electricity Board now known as Maharashtra State Electricity Distribution Co. Ltd. ....Respondent Mr.R.L. Majgaonkar for the Appellant. None for the Respondent. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 15TH JULY, 2009. P.C. :- 1. By this Civil Application, the Appellant seeks condonation of the delay of three years and ninety four days in filing the above First Appeal. The Appeal is against the judgment of the learned Civil Judge (Senior Division), Kalyan dated 30.9.2005 decreeing the Respondent’s suit in the sum of Rs. 4,08,90,115=09 ps. together with interest thereon at 18% from the date of the filing of the suit i.e. 2.5.2003 till payment. The amount due and payable todate is over Rs.8,00,00,000/-. 2. Even after taking a very liberal view of the matter, we find it difficult to condone this inordinate delay in filing the First Appeal. No ground whatsoever has been made out by the Appellant for the same. The only 2 ground urged before us is that the Appellant had been facing severe financial crises since the year 2000 and was therefore, unable to raise funds necessary to file the Appeal. It was stated that it is only in March this year, that certain well wishers and friends of the company advanced the amount necessary to file the appeal. 3. Firstly, no details in this regard have been furnished. Secondly, this by itself cannot be a ground at least in favour of a company, such as the Appellant. There is nothing to indicate that the company did not have the funds necessary to even file the Appeal. Further the names of the alleged well wishers and friends have not been furnished. No details of how they advanced money have been furnished. In other words, the Appellant has not even established that it got the money from such well wishers and friends. 4. Further it is apparent that this Appeal was filed only after the Respondent filed an execution application on 31.2.2007. The Appeal has obviously been filed only to obstruct the same. 5. In the circumstances, the Civil Application is dismissed. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)