- (1.) HEARD learned Counsel for the Appellant.
(2.) THIS appeal is barred by 71 days. Learned Counsel for Appellant has filed an application under Section 5 of the Limitation Act for condo nation of delay in filing the special appeal, wherein it is stated in para 2 that "The delay in filing appeal was caused mainly due to administrative reasons." Thereafter, it is mentioned that Bank had to take approval for filing the appeal from the competent authorities functioning at Mumbai. The identification of the Counsel to represent the Appellant and the terms of engagement of the Counsel had also to be approved by the competent authorities of the Bank. The impugned order of the learned Single Bench was passed on 14.05.2010 and the last date of filing the appeal was 14.07.2010. The appeal was filed on 23.09.2010. The Appellant was required to explain each day's delay in filing the special appeal. Nothing has been mentioned specifically about the period from 14.07.2010 to 23.09.2010. The so -called reason that approval for filing the appeal was to be taken from authority sitting at Mumbai cannot be said to be cogent or satisfactory reason for 71 days delay. The same could have been taken through electronic media like fax, message etc. The reasons assigned are not satisfactory. In these circumstances, we are satisfied that Appellant has not explained the delay in filing the special appeal properly so as to condone it. Therefore, the application under Section 5 of the Limitation Act deserves to be dismissed.
(3.) APART from above, we have also examined the merits of the case.;