| Miscellaneous Application No. MA/36/2016 | | In | | First Appeal No. A/28/2016 |
| | | | 1. Megatron | | Apurba Path, By-lane 5, R. G. Baruah Road, Guwahati-781024 Represented by the Proprietor Mrs. Momita Goswami, R/o Narikalbari, Bye Lane 1, Sub Lane 2, Guwahati-781024, Kamrup, Assam |
| ...........Appellant(s) | |
| Versus | | 1. B. D. Lab Solution | | Registered office at 301, Bhabendra Enclave, Naharani Path, Last Gate, Dispur, Guwahati-781006, Represented by the Proprietor Sri Bhudev Dutta, Rangpur Path, Zoo Road, Guwahati-781005, Kamrup, Assam | | 2. The Managing Director, DTDC Courier & Cargo Ltd. | | DTDC House, No. 3, Victoria Road, Bangalore-560047 | | Karnataka | | 3. The Regional Head, DTDC Courier & Cargo Ltd. | | Opposite ASTC Workshop, G. S. Road, Ulubari, Guwahati-781007 | | Kamrup | | Assam |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | Heard A. Gogoi, learned counsel, appearing for the applicant. Also heard Mr. M.R. Islam, learned counsel, appearing for the respondent No. 2 and 3. Mr. Gogoi has placed a certificate obtained from the postal department in respect of proof of service upon respondent No.1 which would reveal that notice has already been delivered on 17-10-2016 and the same is marked as “X” for identification. None appeared for the respondent No. 1despite service of notice nor has filed any objection against the application for condonation of delay. This is an application for condoning the delay of 31 days in preferring the accompanying appeal. We have perused the statements made in the application. The grounds for delay has been explained at paragraphs 7 and 8 of the application. We have found that sufficient causes have been shown for not preferring the appeal in time. Thus, considering the statements made in the application, particularly, statements made on oath at paragraphs 7 and 8 of the application, also for the ends of justice, delay in preferring the accompanying appeal is condoned. Misc Case is allowed and disposed of accordingly. | |
