Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member:

          Appellant wants to amend the application  to correct the statement as to the duration of delay i.e. delay of 104 days.  Other side has no objection.  Considering the nature of the amendment, leave to amendment is granted.

          Heard both parties.

          There is delay of 104 days in filing appeal.  It is sought to be explained in para 4 of the application.  From the statement made explaining date in chronological order, it appears that the appellant was diligent to take steps to file an appeal.  Delay is neither intentional nor malafied though it could be avoided.  Therefore, in the given circumstances, we find it just and proper to condone the delay but subject to costs. We hold accordingly and passed the following order :

                                      O R D E R

          Delay is condoned subject to the cost of `10,000/- to be payable to non-applicant/respondent within 30 days from today  and failing which the application for delay condonation shall stands dismissed without any further reference to the Commission.

Pronounced dated 28th June 2011.