(Passed on 03.05.2003)
Below Delay Condonation Application bearing No. MA/12/84
Per Mr B A Sheikh, Hon’ble Presiding Member
1. Adv. Mr Kalode present for the applicant / appellant. This Commission issued notice to the non-applicant / respondent on the same address which is given in the appeal memo. No report about service of that notice. This notice is issued on correct address. It is deemed service of notice. Despite of service of notice respondent is not present. Therefore, the application is proceeded exparte against the respondent in respect of hearing on delay condonation application.
2. We have heard Adv. Kalode for the applicant / appellant on delay condonation application in which the delay shown as 61 days in preferring the appeal. He submitted that the applicant’s father, who is Power of Attorney holder, is a heart patient and he was admitted in the hospital of Dr. Panpalia at Akola from 01.02.2012 to 07.02.2012 as he was suffering from chest pain and therefore, Dr Kamal Bhutada advised him complete bed rest for two months and therefore, he could not contact the Advocate for filing the appeal. He further submitted that after recovering from the illness applicant’s father contacted his Advocate on 03rd week of April 2002 and then this appeal came to be filed on 04.05.2012. He also submitted that the applicant has good case on merit and delay needs to be condoned the delay to meet the ends of justice. He has invited our attention to the medical certificate produced on record. We have perused the same.
3. The said medical certificate dtd.28.01.2012 produced by the applicant, shows that Shri Ahok Rathi is a patient of coronary artery disease and in year 2007 he has undergone angioplasty and he had a chest pain on 28.01.2012. It is further stated that Dr Kamal Bhutada examined the patient and considering the nature of illness, he was advised bed rest for 3 to 4 months and to keep regular follow up.
4. As per the said certificate, the angioplasty was done in the year 2007 and the impugned order was passed on 25.01.2012. No medical certificate of Dr Panpalia is produced in support of this application. As per aforesaid certificate, the appellant’s father had chest pain on 28.01.2012 only. He could have contacted his Advocate since he had filed the complaint before the Forum. As per certificate applicant’s father was admitted in hospital of Dr Panpalia for the period from 01.02.2012 to 07.02.2012 only, which is not substantiated by certificate of Dr Panpalia. We find that this certificate produced by the applicant, as discussed above, is not sufficient to come to the conclusion that the applicant’s father was completely bedridden and unable to contact his Advocate for filing of appeal. Therefore, we are not satisfied with explanation given by the applicant and we are therefore, not inclined to condone the delay.
Hence, the following order is passed:-
ORDER
i. The delay condonation application bearing No. MA/12/84 is hereby rejected, consequently, the appeal is dismissed as time barred.
ii. No order as to cost.
iii. Copy of this order be supplied to the parties.
