Per :- Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
None present for the Applicant/Appellant. Heard Adv. Baliram Kamble on behalf of the Non-Applicant/Respondent on the application for condonation of delay.
[2] In filing an appeal bearing No.477 of 2010, there is a delay of 63 days and hence, the Applicant/Appellant has filed this miscellaneous application bearing No.245 of 2010, seeking condonation of delay. Application for condonation of delay is supported by an affidavit sworn by Mr. Sanjay Thokal, Divisional Manager of the Applicant/Appellant. In paragraphs (02) and (03) of the application for condonation of delay reasons are assigned as to how the delay in filing the appeal occurred. Basically, the delay occurred because the Applicant/Appellant is a public sector undertaking and in a public sector undertaking for spending even a single rupee they have to take permissions from the higher authorities and justify as to why the appeal is required to be filed and because of this procedural aspect of the matter, the delay has occurred. We are of the view that the delay has been satisfactorily explained. Further, to decide the appeal on merits, the delay in filing appeal needs to be condoned, subject to payment of some costs.
Hence, we pass the following order:-
ORDER
Miscellaneous Application No.245 of 2010 seeking condonation of delay in filing Appeal No.477 of 2010 is hereby allowed. Consequently, the delay in filing appeal stands condoned subject to payment of costs of `1,000/- to be paid to the Non-Applicant/Respondent by the Applicant/Appellant within a period of 30 days from today and failing which, without any further reference to the State Commission, the application for condonation of delay shall automatically stands dismissed.
Pronounced and dictated on 05th January, 2012
