ORAL ORDER
Per – Hon’ble Mr. Shashikant A. Kulkarni, Presiding Judicial Member
We have heard learned Adv. Dnyanaraj Gajanan Sant on behalf of the Applicant/Appellant and learned Adv. Prashant Maindargi on behalf of the Non-Applicants/Respondents. We have also carefully perused the material placed on record.
[2] We have read the application for condonation of delay. No say is filed by the Non-Applicants/Respondents opposing the application for condonation of delay. However, on behalf of the Non-Applicants/Respondent it is orally argued that delay is not properly explained. However, there are no specific pleadings to that effect. Reason put-forth for condonation of delay is that the person who was looking after this case was out of India and after his return to India, present appeal has been filed and in the process delay is caused. In support of this contention a copy of passport of the concerned person is produced on record.
[3] Considering the nature of proceedings and facts of the case, delay in filing appeal is liable to be condoned. Normally, while allowing the application for condonation of delay, we would not have imposed costs on the ‘consumer’. However, there appears to be some sort of hassle being undertaken by the Non-Applicants/Respondents, to attend the proceedings, therefore, we are inclined to impose costs of Rs.10/- per day while condoning delay of 179 days. Advocate for the Non-Applicants/Respondents fairly states that costs may be ordered to be deposited into Legal Aid Fund of this Commission.
Hence, we pass the following:-
ORDER
Miscellaneous Application No.128 of 2015 seeking condonation of delay in filing First Appeal No.253 of 2015 is hereby allowed subject to payment of costs of Rs.1,790/- (Rupees One Thousand Seven Hundred Ninety Only) to be deposited into Legal Aid Fund of this Commission by the Applicant/Appellant. The delay in filing appeal stands condoned.
List this appeal for hearing on admission on 09/06/2015.
Pronounced on 11th May, 2015
