2019 (9) TMI 634

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..... :- Mr. Motwani, learned counsel for the applicant could not point out before this Court that at any point of time from 18.10.1997, when the decree, which is sought to be challenged before this Court, was passed, the applicant even remotely tried to contact her advocate to know the fate of litigation. In the application, it is stated that she entrusted her matter to Mr. Vilas Mate, of Tumsar. She n .....

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..... ef of condonation of delay from the Court. The applicant has not explained the delay, rather has not given plausible explanation for delay. Application dismissed with costs of 1,000/-
MR V. M. DESHPANDE, J. For The Applicant : Mr K. S. Motwani, Advocate And Mr R.A. Gupte, Advocate ORDER 1. This is an application for condonation of delay in filing the second appeal. Notices on this applicatio .....

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..... delay, though not day by day, but by giving plausible explanation. According to the learned counsel for the applicant, the applicant entrusted her brief to her advocate and her advocate did not take any steps to pursue the matter. Consequently, the delay has occurred inasmuch as it is the submission of the learned counsel that the counsel, who was representing the applicant did not inform the out .....

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..... advocate will take care of the matter. An Advocate always discharges his duties on the instructions given to him by his client. 5. In the present case, Mr. Motwani, learned counsel for the applicant could not point out before this Court that at any point of time from 18.10.1997, when the decree, which is sought to be challenged before this Court, was passed, the applicant even remotely tried to .....

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..... advocate under the provision of the Advocates Act. 8. Thus, in my view, the reason as supplemented in the application is nothing but a attempt for claiming discretionary relief of condonation of delay from the Court. In my view, the applicant has not explained the delay, rather has not given plausible explanation for delay. Hence, the application is liable to be dismissed and it is dismissed with .....

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