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

          It is submitted by the respondent that cost of `500/- which was awarded as per order dated 10^th August 2011 to condone the delay are yet to be paid.  The order was self-operative. In the absence of payment of costs, the application for condonation of delay stands dismissed and as such the appeal cannot be entertained.  It is tried to submit on behalf of the appellant that the costs were given but not accepted.  Such oral submission cannot be accepted in absence of proof and particularly in view of submission of the respondent that costs were not paid.

Pronounced dated 7^th October 2011.