No. 5/13.07.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. D. Roy, the Ld. Advocate and Respondent through Mr. Krishna Nanda Dey, the Ld. Advocate are present.  Respondent files objection against petition for condonation of delay.  Heard the Ld. Advocate in support of the delay condonation application and Mr. Dey, the Ld. Advocate opposing the same.  The explanation regarding ailment of the Appellant as also personal occupation of the Ld. Advocate have been stated.  On behalf of the Respondent facts have been disclosed that in satisfaction of the impugned order the Respondent had already paid the money which has been accepted by the Appellant without raising any objection.  The contention of the Appellant is that the Appellant was not sure about the amount due and about the amount received by him.  Neither of the said contentions has been stated in the application or in the memo of appeal.  In the circumstances after receiving the amount, the Appellant has failed to explain the conduct of the Appellant as to why even after accepting the money he failed to act vigilantly or to return the money to make his claim pressed before appropriate forum.  In the circumstances we do not accept the explanation given for the delay and the application is accordingly dismissed.  Appeal also stands dismissed.