Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member

          Heard Adv. Nikhil Mehta on behalf of the Applicant/Appellant and Adv. Archana Pise on behalf of the Non-Applicant/Respondent No.1 on the application for condonation of delay.

[2]     In filing an appeal bearing No.1105 of 2010 there is a delay of 98 days on the part of the Applicant/Appellant and to seek condonation of delay, the Applicant/Appellant has filed a Miscellaneous Application No.608 of 2010, supported by an affidavit.  In paragraph (04) of the application, detailed averments are found as to why there was a delay of 98 days on the part of the Applicant/Appellant in filing the appeal.  Since the Applicant/Appellant is a company, it has got to take legal opinion from the law officer of the Company and then, it has to submit papers to an advocate for filing the appeal.  In the process there was a delay of 98 days on the part of the Applicant/Appellant in filing this appeal.  Delay is not intentional and deliberate and as such, delay in filing appeal needs to be condoned subject to certain costs to decide the appeal on merits though the application for condonation of delay is strongly opposed by the Learned Counsel for the Non-Applicant/Respondent No.1.

          Hence, we pass the following order:-

ORDER

Miscellaneous Application No.608 of 2010 seeking condonation of delay in filing Appeal No.1105 of 2010 is hereby allowed.  Consequently, delay of 98 days in filing appeal stands condoned subject to payment of costs of `1,000/- to be paid to the Non-Applicant/Respondent No.1 by the Applicant/Appellant within a period of 30 days from today (since the order is passed is presence of the parties) and failing which without any further reference to the State Commission the application for condonation of delay shall automatically stand dismissed.

Pronounced and dictated on 14^th February, 2012