Today none has appeared on behalf of the applicant – appellant, whereas learned counsel Sh. Deepak Ahluwalia for the respondents has appeared.

Learned counsel for the respondents has alleged that as per the order sheet dated 09.05.2023, the entire costs to the tune of Rs. 28,500/- have not been paid by the applicant – appellant to the respondents. Even inspite of giving last opportunity to the applicant – appellant.

We have perused the order sheets.

A perusal of the order sheets has shown that the delay condonation application was allowed with costs of             Rs. 20,000/- vide order dated 08.09.2022. Since the date 08.09.2022 till today, the cost was neither paid nor the additional costs imposed on the applicant – appellant has been paid and on dated 09.05.2023, the entire costs amounting to Rs. 23,500/- has also not paid to the respondents. Later on, on dated 09.05.2023 an amount of Rs. 5,000/- as special costs was granted to the respondents, now total costs comes to the tune of Rs. 28,500/-.

It appears that the applicant – appellant is not interested to pay the same, hence in such circumstances and in non-compliance of the conditional order, the delay shall not be treated as condoned and the appeal cannot be admitted.

Hence, on the basis of the non-compliance of the order on delay condonation application, the appeal shall also be treated as dismissed. No order as to costs of the appeal.

File be consigned to the record room alongwith copy of this order.

A copy of this order be sent to the concerned District Commission for perusal, information and necessary action.