Heard Mr. S. Sarma, learned counsel appearing for the petitioner in the application for condonation of delay and also heard Mr. B. K. Das, learned counsel appearing for the respondent.

            This is an application for condonation of delay of 176 days in preferring the connected appeal. An affidavit has been filed by the respondent opposing the prayer for condonation of delay and the number of days of delay is disputed by the respondent contending that actual delay is 206 days, not 176 days. Be that as it may, the judicial trend as on today, is to give a fair chance to the parties to contest the case on merit.

            We have gone through application for condonation of delay and we find that the delay has been adequately explained. In the facts and circumstances of the case, we are inclined to condon the delay of 176 days or 206 days in filing the connected appeal subject to payment of Rs. 1000/- by the petitioner to the respondent and the cost shall be paid before the next date fixed for admission of the appeal.

            Misc Case No. 94/12 stands disposed.

            In view of the disposal of the Misc case, Registry shall allot a number to the pending appeal and the same shall be listed for admission on 28-5-2013.