1 CA 1102/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1102 OF 2010 IN APPEAL FROM ORDER (STAMP) NO. 575 OF 2010 Mohanlal Ghanshamdas Kukreja ...Applicant vs. Hiralal Ghanshamdas Kukreja & Ors. ...Respondents Mr.Prakash Ganwani i/b. M/s.A.V. Jain & Associates for the Applicant. CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 7, 2010 P.C. :- 1 Heard the learned Counsel for the applicant. The appeal is sought to be filed against refusal of the trial court to take action for perjury against the respondents. The said appeal is accompanied by this application for condonation of delay. 2 Assuming that there are good reasons for 2 CA 1102/10 delay in filing the appeal, in view of the facts, the appeal will not be tenable because no court has so far come to the conclusion that the respondents in the Suit No.1787/1984 had committed perjury. Unless the court comes to the conclusion that the perjury was committed, the offence under Sections 192, 193 of IPC cannot be registered and the court also cannot be compelled to file the said complaint. 3 The learned Counsel informs that against the dismissal of the suit filed by the respondents, the appeal has been preferred by the respondents and that appeal is still pending. In case the appellate court comes to the conclusion that the respondents had, in fact, committed an offence of perjury during that suit, the appellate court may give necessary directions for taking action. 4 In view of these circumstances, the appeal filed by the present applicant is not tenable. Therefore, Civil Application No.1102/2010 for 3 CA 1102/10 condoning the delay as well as the appeal stand dismissed. (J.H. BHATIA, J.)