Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member

          Heard Adv. Lalith B. Nair on behalf of the Applicants/Appellants and Dr. Gopinath Shenoy, authorized representative, on behalf of the Non-Applicant/Respondent on the application for condonation of delay.

[2]     In filing an Appeal No.2 of 2011 there is a delay of 12 days on the part of the Applicants/Appellants and to seek condonation of delay the Applicants/Appellants have filed Miscellaneous Application No.1 of 2011.  In the application for condonation of delay, supported by an affidavit sworn by Mr. Samim Ahmed Ranju – Legal Executive on behalf of the Applicants/Appellants, just and sufficient causes have been shown as to why there was a delay in filing appeal.  Despite there being strong objection raised on behalf of the Non-Applicant/Respondent we are of view that the delay in filing appeal needs to be condoned for the simple reason that there is a counter-appeal bearing No.1241 of 2010 pending before the State Commission and both these appeals are arising out of one and the same order dated 19/10/2010 passed by the Additional Mumbai Suburban District Consumer Disputes Redressal Forum in Consumer Complaint No.534 of 2005.  Hence, in the interest of justice delay in filing Appeal No.2 of 2011 needs to be condoned to decide both these appeals on merits.

          Hence, we pass the following order:-

ORDER

Miscellaneous Application No.1 of 2011 seeking condonation of delay in filing Appeal No.2 of 2011 is hereby allowed.  Consequently, delay in filing appeal stands condoned subject to payment of costs of `500/- to be paid by the Applicants/Appellants to the Non-Applicant/Respondent within a period of 30 days from today (since the order is passed in presence of parties) and failing which without any further reference to the State Commission the application for condonation of delay shall automatically stand dismissed.

Pronounced and dictated on 22^nd March, 2012