Ast 1 caf4554.08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4554 OF 2008 WITH CIVIL APPLICATION NO.4555 OF 2008 AND CIVIL APPLICATION NO.2359 OF 2009 IN FIRST APPEAL(ST.) NO.20238 OF 2008 M/s.Sarje Automobiles ... Applicant. Vs. M/s. Trimurti Super Fabricators. ... Respondent. -------------- Ms. B. Panicker for Applicant. Mr.P.D.Dalvi for Respondent. -------------- CORAM : V.R.KINGAONKAR, J. DATE : APRIL 23, 2010. P.C. 1. This is an application for condonation of delay. The applicant is original defendant. The respondent filed suit for an amount of Rs. 2,79,320/-. The suit came to be decreed. The impugned Judgment shows that the appellant had filed written statement(Exh.23). It also appears that the respondent placed on record various documents in Ast 2 caf4554.08.sxw support of the suit claim. The appellant however, did not prove the defence that he was not the proprietor of defendant firm. The delay is of 871 days. The impugned Judgment was delivered on 10 th March, 2006. The appellant obtained copies on 22/2/2008 and filed appeal on 28/8/2008. The ground stated in the application is that when the decree was likely to be executed then the appellant came to know about the same and as such filed the appeal after obtaining copy. The explanation stated in the application is unacceptable. The delay in obtaining copies is also not properly explained because date of filing execution application could not be the date of knowledge, when the appellant was contesting defendant before the trial Court. Moreover, the averments that the appellant was unable to locate proper lawyer, because he is inhabitant of Ahmednagar and was not knowing lawyers from Mumbai, is also unacceptable. For, there is six months’ delay after obtaining copy. In order to find out a lawyer, such long delay could not have been taken. Explanation given in the application is dissatisfactory and outside the ambit of section 5 of the Limitation Act. Application is therefore, dismissed. 2. Civil Application Nos. 4555 of 2008 and 2359 of 2009 are also disposed of accordingly. Ast 3 caf4554.08.sxw [ V.R.KINGAONKAR, J ]