Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Adv. Rashmi Manne is present on behalf of the Applicant/ Appellant. Adv. Abhijeet Mahadeokar is present on behalf of the Non-Applicant/Respondents Nos.1 & 2. He files Vakalatnama. It is taken on record.
[2] Heard both the parties on the application for condonation of delay.
[3] There is a delay of 34 days in filing an appeal and hence, this application. The reason mentioned is that the copy of the impugned order was received by the Applicant/Appellant on 12/12/2010. Thereafter, he felt ill and he was suffering from ‘Chikungunya’ and was advised to take complete rest, and therefore, a delay of 34 days occurred. Application for condonation of delay is supported by an affidavit and a medical certificate is also filed. As against this, except an oral objection to condone the delay, there is no material placed on the record by the Non-Applicant/Respondent to contradict the facts stated by the Applicant/Appellant. Under these circumstances, we find that there is no reason to disbelieve the Applicant/Appellant. We find that the delay, which is a short delay, was non-intentional and no malafides could be attributed to the Applicant/Appellant. We, therefore, find that the delay is satisfactorily explained.
Hence, we proceed to pass the following order:-
ORDER
Miscellaneous Application bearing No. 83 of 2011, seeking condonation of delay is hereby allowed. Consequently, delay in filing of an appeal bearing No.148 of 2011 stands condoned. No order as to costs.
Pronounced and dictated on 9th August, 2011.
