Below Delay Condonation Application No. MA/13/1
Per Mr B A Sheikh, Hon’ble Presiding Member
1. Adv. Mr S A Vairagade is present for the applicant / appellant is present. We heard him on delay condonation application.
2. The delay shown as 4 years 10 months & 11 days for filing the appeal. It is submitted by Ld. Advocate of applicant / appellant that the copy of impugned order received by the applicant on or about 15.03.2008 and the appeal should have been filed on or before 15.04.2008. He submits that the delay of 4 years 10 months & 11 days is occurred as electric supply to the Chilly Mill run by the applicant / complainant was disconnected by the non-applicant since 28.11.2005 and therefore, his income was totally stopped. He was totally dependent on the income of Chilly Mill. He further submits that the applicant had no income and fund to file the appeal within time and therefore, said delay has been occurred.
3. The non-applicant’s Advocate submits that the reason given by the applicant for condoning the delay the applicant had no fund for filing the appeal is not reliable and proper.
4. We find that said inordinate delay of 4 years 10 months & 11 days cannot be condoned simply because the applicant had no funds. It appears that this appeal filed by the applicant only because the respondent has filed the appeal before this Commission, which is already registered as Appeal No. A/08/372.
5. We, thus find that the reason given for condonation of such inordinate delay is not satisfactory. Hence, we are not inclined to condone the delay.
Hence, the following order :-
ORDER
i. Misc. Application for condonation of delay is rejected.
ii. Consequently, the appeal is dismissed as time barred.
iii. No order as to cost.
iv. Copy of this order be supplied to the parties.
