Per Shri S.R. Khanzode – Presiding Judicial Member:

 Heard Advocate Mr. Narola for the Applicant/appellant.

There is a delay of 420 days in filing this appeal and this application is filed for condonation of delay.  According to the Applicant/Appellant, the copy of the impugned order dated 13.03.2009 was received prior to 29.03.2009.  Thereafter, he referred the matter to Counsel for seeking the opinion.  It is further mentioned that the Counsel did not file the appeal (the name of the Counsel is not mentioned) and returned the papers and thereafter, it is further stated that the matter was entrusted to another Advocate (name of the Advocate is not mentioned) with the instructions to file appeal.  It is also stated that inadvertently the Applicant’s officer did not communicate with the Advocate regarding the appeal and the documents required to file the appeal and hence, appeal could not be filed within a period of limitation.  The statement made explaining delay in filing of the appeal is vague.  It is only after execution proceedings begun and when the letter written to the Applicant about the non-compliance of the impugned order on 10/06/2010 through e-mail was received, instructions were given to file appeal and then the appeal was filed on 01.07.2010.  Under the circumstances, it cannot be said that the delay is not deliberate and also the Officials of the Applicant can not exonerate that they are not responsible in filing appeal belatedly.  Under the circumstances, judgements relied upon by the Ld. Counsel for the Applicant/Appellant, (i) Collector Land Acquisition Anantnag & Anr. V/s. Mst. Katiji & Ors. (Civil Appeal No.460/1987 decided on February 25, 1987, Quorum: The Honourable Mr. Justice M.P. Thakkar and The Honourable Mr. Justice B.C. Ray), Supreme Court of India, and (ii)Ashk V/s. Bank of India, reported in 2006(2)ISJ (Banking) 17, have no application to the facts and circumstances of this case.  For the reasons stated above, we hold accordingly and pass the following order:

O  R  D  E  R

  (i)          Misc. Application No.339/2010 filed for condonation of delay stands rejected.  In the result, Appeal No.651/2010 is not entertained.

(ii)          No order as to costs.