KAUSHAL JAYENDRA THAKER,J. - (1.) This is an application filed under section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") seeking condonation of delay in filing the appeal which is reported to have been filed with a delay of 341 days.
(2.) The only submission is that because of the financial crunch how long the financial crunch appeared is not made known. The paragraphs of affidavit filed in support of this application explaining the reasons for delay are very eloquent. The cheque was also issued which is clear from paragraph 10 despite that the appeal was not preferred. The appeal could have been filed in defective also but there was absolute laxity on the part of the officers in filing the appeal. They woke up from slumber only after the Insurer filed the execution proceedings against them and then the financial crunch absolutely banished and even no time the appeal came to be filed. This shows that the reasons given by the appellant are absolutely not germane to the facts and circumstances of this case. The delay of 341 days is absolutely unexplained. However, if they can make out case before the execution Court that the order of recovery was paid they may contest the same.
(3.) This Court is not satisfied with explanation and delay of 341 days having not been explained satisfactorily is not condonable.;