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

(1)               Notice sent to the non-applicant/respondent No.1-Mr.Rajeev Ashok Bhatia returned with endorsement ‘unclaimed’.  Hence, service on him held good.  As far as the non-applicant/respondent No.2-M/s.Globe Constructions is concerned, it is duly served on 03/01/2013 as per postal acknowledgement on record, but absent.  In absence of non-applicant/respondent Nos.1 & 2, heard the counsel for the applicant/appellant.

(2)               There is a delay of 23 days in filing the appeal and hence this application for condonation of delay is made.  The delay is tried to be explained referring to the illness of mother of one of the partners, namely, Anil Shah and which kept him occupied.  The delay is neither intentional nor malafides could be attributed to the applicant/appellant. We find that the delay is satisfactorily explained and holding accordingly, we pass the following order.  

ORDER

(1)     The application for condonation of the delay is allowed and the delay in filing the appeal stands condoned.

(2)     No order as to costs.

Pronounced on 11^th February, 2013.