Per – Hon’ble Mr. S. R. Khanzode, Judicial Member
Heard Adv. Mehta on behalf of the Applicant/Appellant on the application for condonation of delay. Non-Applicants/ Respondents are absent.
[2] First Appeal No.1254 of 2010 was presented on 29/11/2010 alongwith an application for condonation of delay bearing Miscellaneous Application No.685 of 2010. As per directions dated 9/12/2010 notices on the delay condonation application were directed to be issued to the Non-Applicants/Respondents. As per further directions dated 29/6/2011, Applicant/Appellant was directed to file a service affidavit under Section 28-A of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’ for the sake of brevity). Time to file such service affidavit was extended as per order-sheet dated 25/7/2011 and the matter was adjourned to 18/8/2011. However, on 18/8/2011, such service affidavit appears not to have been filed and the application for condonation of delay remained to be decided. However, the order-sheet dated 18/8/2011 reflects that the appeal was admitted. Obviously, unless the delay condonation application is first decided, the appeal could not be admitted. Therefore, said order-sheet prima-facie is erroneous. Under these circumstances, today the application for condonation of delay is pressed by the Learned Counsel for the Applicant/Appellant pointing out the service affidavit filed earlier which was sworn on 28/9/2011. We hold that the service of notice on the Non-Applicant/Respondent No.4 is proper and so on the other Non-Applicants/Respondents.
[3] Learned Counsel for the Applicant/Appellant referred to chronological events as narrated in paragraph (04) of the application explaining the delay. There is no rebuttal to the facts stated explaining the delay. Thus, we find that the delay is satisfactorily explained and holding accordingly, we pass the following order:-
ORDER
Miscellaneous Application No.685 of 2010, seeking condonation of delay in filing Appeal No.1254 of 2010, is hereby allowed. Consequently, the delay in filing appeal stands condoned. No order as to costs.
Pronounced on 8th December, 2011
