Heard Ms. R.D. Mazumdar, learned counsel, appearing for the applicant. Also heard Mr. R. Goswami, learned counsel, appearing for the respondent.

       This is an application for condoning the delay of 120days in preferring the accompanying appeal. We have perused the statements made in the application. The grounds for delay has been explained in the application. Thus, considering the statements made in the application, particularly, statements made on oath from para 3 to 8 in the application and to meet the ends of justice, delay in preferring the accompanying appeal is condoned subject to payment a cost of Rs. 2000/- to the  respondent.

       Misc Case is allowed and disposed of accordingly.