(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) Adv.S.Paradesh appeared for the non-applicant/respondent Nos.1 & 2. He filed vakalatnama. It is taken on record. Heard both the parties on the application for condonation of delay. There is a marginal delay of 16 days and hence this application is filed.
(2) The delay is tried to be explained stating that free copy of the order was not received. However, being aware of passing of the impugned order and waiting for its the free copy to be received, ultimately, an application for obtaining certified copy of the order was filed in the month of March and which was received on 15/03/2012. Thereafter this appeal is preferred on 16/04/2012. Impugned order does not bear date of passing of the order. As per the endorsement on the certified copy of the impugned order made at the time of dispatch of the order, it is dated 10/02/2012. The copy also does not bear any endorsement of the outward number as to when the certified coy was dispatched.
(3) After receiving the copy immediate steps were taken to prefer appeal. Thus, there is no statements on record to contradict the facts mentioned the application. Delay is also neither intentional nor any malafiedes could be attributed to the applicant/appellant. Thus, the reasons mentioned are satisfactorily explained the delay. We hold accordingly and pass the following order.
ORDER
(1) The application for condonation of the delay is allowed and the delay in filing the appeal stands condoned.
(2) No order as to costs.
Pronounced on 9th January, 2013.
