No. 1/11.12.2008.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

We have heard the Ld. Advocate for the Petitioner Mr. S. K. Sen.  The application for delay condonation has been filed for condoning the delay of 16 months in preferring the appeal.  The only explanation available in the application in Paragraph 3 runs as follows :

“The petitioner of the instant case is an Advocate and he could not prefer this appeal before the Ld. Commission as he was busy with a complicated case for the last 16 months with Hon’ble Jharkhand High Court.”

Apart from the said it is only stated in Paragraph 5 that "drafted matter was referred for verification and the same verified, approved and final copy was made and appeal was preferred on 26.11.2008 after a delay of 16 months."  Admittedly we are not having any particulars as to how the Petitioner – Appellant was prevented from taking any action in respect of the present appeal on any earlier date.  The explanation has not been given as regards absence of the Ld. Advocate from Kolkata for the entire period.  At the time of argument the Ld. Advocate arguing for the Appellant contended that the Appellant was busy with a case before Hon’ble Jharkhand High Court and, therefore, he was frequently travelling between Kolkata and Jharkhand.  As none of the periods was  mentioned showing the absence of the Petitioner from Kolkata we are unable to accept the explanation as sufficient one for explaining such a long delay.  In the circumstances the application for condonation of delay is dismissed.  The appeal accordingly stands dismissed.