(Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member)

(1)               Heard both the sides.  There is a delay of 29 days in filing the appeal.  To seek condonation of delay, this miscellaneous application is filed supported by affidavit.  In the misc.application and affidavit, nowhere how delay of 29 days has been explained satisfactorily.  The appellant is one of the partners of the appellant, M/s.BJRs Gallops Restaurant, who could not file the appeal and could not give instruction to the advocate to that effect.  If it is a partnership firm, either partner can put his signature.  Moreover, there is no sufficient cause to explain the delay in filing the appeal belatedly.  Application is not supported by any medical certificate.  Delay cannot be condoned on mere asking.  Under the circumstances, we are no inclined to condone the delay.  Hence, the order.

ORDER

(1)     Misc.application No.13/2012 stands rejected.  In the result, the appeal No.28/2012 does not survive for the consideration.

(2)     Amount deposited by the appellant be paid to the respondent towards part satisfaction of the award.

Pronounced on 21^st August, 2012.