ORDER NO. 7  

The instant Misc. Application has been filed by the Appellants/OPs praying for amendment in the petition for condonation of delay as accompanying the Appeal.

The Ld. Advocate for the Misc. Applicants submits that the petition for condonation of delay as accompanying the Memo of Appeal contains some inadvertent mistakes in respect of narration of actual aspect of the delay as also of calculation of days of delay.

The Ld. Advocate adds that for proper consideration of the delay in question the proposed amendments in the accompanying petition for condonation of delay are required.

The Ld. Advocate also submits that the proposed amendments in the petition for condonation of delay will not change the nature and character of the Appeal Case concerned and hence the prayer for amendments should be allowed.

On the other hand, the Ld. Advocate for the Respondent raises objection to the prayer for amendments in the petition for condonation of delay stating unreasonableness  of the prayer for condonation of delay.

Heard both the sides, considered the respective submission and perused the materials on records.

The amendments in the petition for condonation of delay accompanying the Memo of Appeal concerned, in respect of factual aspect of delay as also of calculation of days of delay do not appear to change the nature and character of the Appeal Case concerned.  Also, the submission of the Ld. Advocate for the Respondent about the unreasonableness of the delay appears to be premature at the stage of hearing of the prayer for amendments in the petition for condonation of delay.

Consequently, the prayer for amendments in the petition for condonation of delay as sought for in the instant Misc. Application is allowed.  The Misc. Application bearing No. MA/59/2017 is thus disposed of.

The Appellants are directed to file requisite number of copies of the amended version of the petition for condonation of delay on affidavit after serving a copy upon the other side on 1.3.2017.

Fix 1.3.2017 for hearing of the petition for condonation of delay.  Objection, if any, in the meantime. 

Interim order of stay already passed will continue till the next date.