Chandka 1 NMA-1041-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1041 OF 2010 IN APPEAL (L) NO. 200 OF 2010 IN NOTICE OF MOTION NO. 1323 OF 2007 IN SUIT NO. 957 OF 2007 Prakash Hareshwar Chogle ..Appellant versus Agarwal Construction Company & Ors. ..Respondents Mr. I. M. Bohra i/b. Mr. Sanjeev R. Singh for Appellant. None for Respondents. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 07 February 2011. P.C. : There is a delay of 80 days in filing the Appeal. The only explanation in paragraph 4 of the Affidavit in Support is that though the certified copy was ready for delivery on 15 January 2010, the Applicant was disturbed by the Order of the Court and therefore did not contact his Advocate. This is no explanation much less a bonafide explanation. In the circumstances no case for condonation of delay has been made out. The Motion is dismissed. Chandka 2 NMA-1041-10 2. In view of the dismissal of the Motion, the Appeal does not survive and is disposed of accordingly. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)