JAYSHREE BABAR Vs. SHIRISH RAMDAS SARODE

JUDGEMENT

(1.) HEARD Mr. Patwardhan, Advocate for the Appellant and Respondent in person.

(2.) IN filing this appeal by the Applicant herself, there is delay of 105 days. To seek condonation of delay, Appellant has filed certificate issued by Dr. Chhajed. The certificate of Dr. Chhajed, shows that Doctor had asked the Appellant to take bed rest for the disease she was suffering from. Bed rest period was from 15.1.2008 to 28.4.2008. However, Complainant instead of taking bed rest had attended her Government office and she had put signatures on attendance register and she was very punctually attending the office. Her office had issued certified copy of attendance register in this behalf. Relying on the said office record produced by the Respondent, we are constrained to observe that the certificate procured by Appellant from Dr. Chhajed, is the certificate which is procured just to cover the delay. Dr. Chhajed states that she was having Ischemic Heart Disease. If this is so, she should have been admitted in the hospital, but, it is pertinent to note that he had not advised to hospitalize the said lady and he was treating that lady as outdoor patient and if he was treating her as outdoor patient there was no reason for Appellant to take bed rest and she was probably permitted by Dr. Chhajed to attend the Government office which she did. In the circumstances, we are of the considered view that Appellant has failed to establish just and sufficient cause in the delay of 105 days in filing this appeal. When she could attend office regularly during this period of illness, she could have approached Advocate and filed appeal within time. So, condonation of delay is not properly explained by her in Condonation of Delay application and her Affidavit filed in support thereof. In both, in the Affidavit as well as in Condonation of Application some blank spaces are kept, which are not explained by the Appellant. We had called Dr. Chhajed, who appeared before us to ascertain the facts. His answers are not convincing one. In the circumstances, we are not inclined to condone the delay. Hence, we pas the following order: