1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C. A. S. NO. 511 OF 2009 IN SECOND APPEAL ST. NO. 16703 OF 2008 Jyoti Namdeo Pal Vs. Ramesh Suryabhan Kohapara ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. P. T. Dhok Adv for appellant. Mr. S. V. Sirpurkar Adv for respondents. CORAM: C. L. PANGARKAR J. DATED: 7 th APRIL , 2010. Heard counsel for the appellant and the respondent. This application has been moved for condonation of delay in preferring appeal. Judgment in the appeal was delivered on 07.02.2008. Certified copy was applied for and the copy was ready and it was delivered on 10.03.2008. Ground that is mentioned in the application is that the appellant 2 could not handover the copies of the judgment and decree to his lawyer due to Summer Vacation and he contacted his lawyer for the first time on 27.06.2008. It is stated that lawyer had asked him to collect the Paper Book and also a certified copy of order passed in proceedings under Section 169 of Criminal Procedure Code. Appeal ultimately came to be filed on 17.10.2008 and the appellant seeks to condone the delay. The application is opposed by the otherside. Learned counsel for the appellant submits before me that the delay occurred because lawyer had asked the appellant to collect the Paper Book and certified copy etc. Even if that period is excluded there is no explanation as far as delay from 10.03.2008 to 27.06.2008 is concerned. If the copies were delivered on 10.03.2008 it is clear that until the commencement of summer vacation in the first week of May the appellant could have contacted the lawyer. He did not do so. Even after reopening of the Courts the appellant did not care to contact his lawyer until 3 27.06.2008. There is no explanation for this and in the circumstances I do not find that there is any sufficient cause to condone the delay. Application is rejected. JUDGE svk