EMMACULATE CONCEPTION CHURCH, DORASWAMY PALYA, BEGUR HOBLI, BILEKANAHALLI DHAKALE, BANGALORE SOUTH TALUK, BANGALORE REPRESENTED BY ARCH BISHOP BY P.O.A. FR. MICHAEL ANTHONY Vs. THE DIRECTOR GENERAL EXPORT PROMOTION COUNCIL, MINISTRY OF COMMERCE,

JUDGEMENT

(1.) MISC . Cvl. 16772/2010 is filed seeking to condone the delay of 2423 days in filing the appeal. In support of the application, the affidavit of the appellant is filed to state that he is 93 years old and on account of his old age, he was not able to follow through with the appeal, which was filed in the year 2002. It is candidly admitted that the first respondent died on 3.1.2004 and that the appellant was not able to contact his Advocate immediately But, the appellant claims he remembers signing an application seeking to bring the legal representatives of the first respondent on record as on 11.10.2004. The copy of the application is also said to be available in the file of the Advocate but the appellant states that there is no presentation form available with the counsel to indicate whether it was filed and therefore claims that there is no intentional negligence on his part and the inadvertence in the application not having been presented before this Court in lime, may be attributed to his counsel. This is not the concern of this Court. The reasons assigned are not acceptable. The application is rejected. Consequently, the appeal abates.