G.J. RAJU PAIS Vs. MAHARASHTRA APEX CORPORATION LIMITED AND OTHERS

JUDGEMENT

(1.) THE instant Misc. Cvl., is filed for condonation of the delay of 654 days in filing the appeal.

(2.) WE have heard the learned Counsel for the Appellant and learned Counsel for first Respondent.

(3.) 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.