the New India Assurance Co. Ltd. Vs Babaji Tukaram Patil since deceased 1A Rudramma Babaji Patil and Ors.

This application is for condonation of delay in making an application for restoration of an appeal and delay condonation application both of which were dismissed in default. In paragraph nos.4 to 6 of the application, it is stated that previous advocate had withdrawn herself from the appeal and the applicant Insurance Company wanted to engage another advocate and due to the time taken in appointing a new advocate, the delay has been caused. The delay is more than three years. In my view, explanation given by the applicant is not satisfactory. Applicant would not have required more than three years after return

of the brief by the previous advocate for engaging a new advocate.

I am not satisfied that there exists any good and satisfactory cause for condonation of delay of 1227 days. Application is accordingly rejected. In view of this, rejected case does survive and is disposed of.

(D.G. KARNIK,J.)

the New India Assurance Co. Ltd. v. Babaji Tukaram Patil since deceased 1A Rudramma Babaji Patil and Ors.