Heard. Adv.Prakash Shinde for appellant and Geeta Handa Adv.for respondent present. Opposite party No.2 is dealer and not a necessary party because in Forum below the complaint is dismissed as against this opposite party. So contest is between appellant and respondent No.1. There is a delay of 110 days in filing of this appeal. (At this stage we politely asked the learned counsel for appellant not to disturb us while dictation is going on)

                   The appellant has filed application for condonation of delay. In this application appellant bank has tried to justify the delay of 110 days in filing this appeal. We have carefully gone through  para No.4 and 5 and we are not satisfied with the ground put forth by the appellant who has filed this appeal so belated.

                     Adv. for the respondent argued that, after referring the matter to their Advocate and to the higher authority, it is found that, there were many e-mails sent by appellant to their Head Office. There was a gap of 32 days in between e-mails. Then on 13/1/2009 there was one e-mail, again for 44 days no exchange of e-mail took place. Thereafter, there is again reference of e-mail. We are finding that, Geeta Hande Adv. for respondent has rightly stated that totally for 78 days there was no movement of any kind in the office of Bank of America or with their Advocate and Solicitor. In such circumstances, there is 78 days gap on which days no steps were taken by the appellant Bank. No proper explanation has been furnished by the appellant as to what they did  on these 78 days out of 110 day and therefore, we are not inclined to condone delay of 110 days in filing this appeal. That apart even on merit, we are finding that, the Bank has no case at all. Therefore we are not inclined to condon 110 days delay. There is no sufficient cause made out by the appellant Bank to explain this exorbitant delay in filing an appeal. Hence we pass the following order.

ORDER

Misc. application No.454/2009 for condonation of delay stands rejected.

Consequently, appeal does not survive for consideration.

Copies of the order be furnished to the parties.