ORDER :

J.B.PARDIWALA, J.

1. This is a successive application for condonation of delay in filing the First Appeal at the instance of the original defendants (judgment debtors).

2. We straightway take notice of the order passed by a Coordinate Bench dated 7th May 2019 in the first round of the litigation, i.e. the first Civil Application No.1057 of 2019 filed by the applicants herein for condonation of delay. The said application came to be rejected by the Coordinate Bench vide order dated 7th May 2019. The same reads thus :

“1. By way of present application, the applicants have prayed, inter alia, that :-

“9(A) Your Lordships may be pleased to allow this Civil Application and be further pleased to condone the delay of 103 days that has been caused in filing the First Appeal.

(B) Your Lordships may be pleased to exclude the period from 18.9.2018 to 28.1.2019 during which SCA 15231 /2018 was pending before this Hon'ble Court as per Sec. 14 of the Limitation Act.

(C) Any other and further relief/s as may be deemed fit, just and proper may kindly be granted in the interest of justice.”

2. The applicants seek that the delay of 103 days caused in filing the appeal may be condoned. To justify the request, the applicants have offered and stated that -

“2. In the summary suit, leave to defend application was allowed on condition to deposit 50% amount vide the order dt. 21.7.2018. The applicants could not deposit and wanted to challenge the said order. The plaintiff applied for passing decree and the suit is decreed on 1.9.2018 and decree came to be drawn on 7.9.2018.

3. Against the aforesaid orders, the applicants preferred SCA No.15231/2018 on 18.9.2018. This Hon'ble Court was not inclined to entertain the said petition, therefore the said petition was withdrawn with a liberty to file First Appeal before this Hon'ble Court vide the order dt. 28.1.2019. Hence, the period from 18.9.2018 to 28.1.2019 is required to be excluded from the days of delay caused in preferring the present appeal.

4. The applicants were told to get the certified copy of both the orders and decree for preferring First Appeal before this Hon'ble Court. The applicants received certified copy in the third week of Feb 2019 and forwarded the same to his advocate of Ahmedabad. Therefore, sometime is consumed in the said process.

5. The applicants were told for payment of the amount of Court fees. The applicants submit that the applicants are not having sufficient means to pay the amount of Court-fees which come to the tune of Rs.55,950/- on Rs. 60 Lac. However, they could manage the same in the second week of March 2019.

6. The applicants were vigilant and took all necessary steps to avoid delay but because of aforesaid reasons, delay has been caused which is required to be condoned in the interest of justice.

7. The applicants therefore filed the present application for condonation of delay 103 days that has been caused in filing the First Appeal.”

3. Ordinarily court is lenient in the matter of condoning delay. However, the applicants should, to say the least, at least offer satisfactory explanation.

4. It is necessary to take into account the subject matter of the appeal and the reliefs prayed for by the applicants – appellants in the appeal.

4.1 In the appeal, present applicants have also challenged the order dated 21.7.2018 whereby, the learned Trial Court while granting conditional leave to defend, directed the applicants – appellants to deposit 50% of the claim amount within 1 month.

4.2 However, the applicants – appellants, without taking any action, at the relevant time, (i.e. before expiry of time granted for depositing the amount) against the order dated 21.7.2018, did not comply the said conditional order.

4.3 The said direction – order was not complied within prescribed time or even thereafter.

4.4 Actually, the applicants – appellants on one hand did not comply the order dated 21.7.2018 on the other hand, it did not take any action (i.e. to challenge order dated 21.7.2018) a