Per Mr.Justice S.B.Mhase, Hon’ble President

Heard Mr.Dipak Sharma –Advocate h/f. Mr.Dinesh Gupta-Advocate for the appellant. Mr.Prakash Mhatre-Advocate for respondent.

This is a delay condonation application to condone the delay of 70 days.  However on actual calculation, we find that there is delay of 65 days.  For condonation of delay, ground stated in the application is as follows:-

                   “The appellant (original opposite party) state that delay occurred in filing the present appeal as the appellant (original opposite party) being public limited company requisite permission is to be taken from regional head office and due to the said transfer of file delay occurred in filing of appeal.  Sometime was found necessary at every stage to scrutinize and examine the papers thoroughly with the bonafide intention of arriving at the best alternative available in the circumstances prevailing at that material period of time as also consultations were held with various authorities including advocates to explore the possibility of honouring the verdict of the Hon’ble trial court.”

In this para it is evident that the delay has not been explained.  It is only contended that appellant is a Public Limited company and requisite permission is to be taken from regional head office and due to the said transfer of file delay occurred in filing the appeal.  However, in what manner file moved from table to table those particulars in order to show reasonableness of the administrative action have not been brought on record.  We have already taken a view in First Appeal no.1312/2009 decided on 10/3/2010 wherein present appellant was also appellant and in spite of that wisdom has not prevailed upon them to move an application and/or to produce the record for perusal of the Commission. It is very difficult to condone the delay for asking sake as claimed in the present matter. Company shall take appropriate steps henceforth in taking the decision and while making an application no case for sufficient ground has been made out. Application stands rejected. Consequently appeal stands dismissed.

Copies of the order be furnished to the parties.