Sri. G.J. Raju Pais vs Maharashtra Apex Corporation Limited and Others

N.K. Patil, J.—The instant Misc. Cvl., is filed for condonation of the delay of 654 days in filing the appeal.

We have heard the learned Counsel for the Appellant and learned Counsel for first Respondent.

Learned Counsel for the first Respondent has filed his objections and submitted that, the Appellant except producing the medical certificate stating that, he was suffering from diabetes and Hyper Tension, has not produced any documents to prove that he was suffering from Tuberculosis and he has also not explained the delay satisfactorily by assigning cogent and valid reasons.

In the light of the submissions made by learned Counsel for first Respondent, we have perused the statements made in paras- 4 to 6 of the affidavit dated 30th May 2009 filed along with the application. The Appellant ought to have explained the delay satisfactorily by assigning cogent and valid reasons and ought to have produced the authenticated documents to prove that he was suffering from Tuberculosis. Not producing any documents to prove that he was suffering from Tuberculosis, will not be a good ground to reject this application. The Appellant has made an attempt to explain the delay and the said delay may be compensated by imposing cost and by permitting the Appellant to take the orders on merits.

Hence, accepting the statements made in the affidavit, delay in filing is condoned and accordingly, Misc. Cvl. is allowed, subject to the condition that, Appellant shall deposit the cost of Rs. 5,000/- to the High Court Legal Services Committee, Bangalore, within one week from today and to file a memo along with an acknowledgement for having paid the same, failing which, the appeal filed by the Appellant stands dismissed for non- prosecution, without any further orders.