No. 9/15.06.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. G. P. Dey, the Ld. Advocate and Respondent through Mr. P. Banerjee, the Ld. Advocate are present.  This is a case of gross negligence on the part of the National Insurance Co. Ltd. in preferring an appeal.  In the application for condonaton application explanation has been given stating ignorance about the order impugned and the date of knowledge stated in paragraph 5 of the additional application as on 03.11.2008 following which steps were taken as alleged in the application.  On such calculation delay comes to 293 days.

Mr. Banerjee appearing for the Respondent produces documents showing the intimation to the Appellant on 26.03.2008 about the said order supplying a copy of the said order.  This communication has not been disputed but it is stated that the communication was made to a wrong Office and with endorsement “contents not verified”.  Mr. Dey, the Ld. Advocate states that in such circumstances delay should be condoned and merit of the matter should be considered.

As we are of the opinion that the application and the additional application for condonation do not disclose the truth and the knowledge of the Appellant is apparent as notice was served on one of the O.Ps.  In such circumstances the long period between 26.03.2008 and 03.11.2008 remain unexplained.  Therefore, we are unable to take even a liberal view as delay can be condoned with a liberal view when some explanaton is there and in the present case a long period appears to have been not explained.  Accordingly the application is dismissed.  Appeal also stands dismissed.