Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member

          Heard Adv. Suvarna Choudhary proxy advocate for Adv. Kalpana R. Trivedi for the Appellant and Adv. Deepak Balani for the Respondent.

[2]     It is submitted on behalf of the Respondent that the order dated 22/9/2011 allowing the delay condonation application bearing Miscellaneous Application No.256 of 2010 was a conditional order subject to payment of costs of `7,500/- to be paid by the Appellant to the Respondent within a period of 15 days from the said order.  Those costs were not paid in time.  Costs were for the first time dispatched to the Respondent on 25/11/2011 (as per postal receipt) under a cheque bearing No.438444 dated 16/11/2011 drawn on Corporation Bank in favour of the Respondent.  Said cheque was, therefore, returned by the Respondent on 21/2/2012.  The order dated 22/9/2011 which conditionally allow the application for condonation of delay, was a self-operative order and it also stipulated that if the costs were not paid within a period of 15 days (from the date of order) then the delay condonation application shall stand automatically rejected without any further reference to the State Commission.  In view of such self-operative order, the application for condonation of delay since stood rejected, the appeal being time barred cannot be entertained.  Hence, appeal shall be struck-off from Board.

Pronounced and dictated on 28^th February, 2012