Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member There is alleged delay of 90 days in filing appeal and therefore, this application for condonation of delay is filed. This application is vehemently opposed by the respondent. It could be seen from the averments made in the application which is supported by an affidavit dated 23/11/2009 which is some sort of affidavit offering clarification only and nothing has been stated about receipt of the first copy of the impugned order dated 17/01/2009. As per the endorsement of the certified copy filed before us, shows that first copy was sent by the Forum below on 18/02/2009 to the appellant. It is further revealed from the statement made in the application that he became made aware of the impugned order dated 17/01/2009 in the second week of July 2009, when perhaps execution proceedings under Section 27 of Consumer Protection Act, 1986 were taken against the applicant/appellant. Thereafter, immediately, he prefer to remain absent before the Forum below. According to his own statement, he managed to remain present before the Forum below on 21/08/2009 only. Thereafter, on his own he has filed Revision Application before the Forum below against the order. Those matters were prosecuted further. Then, it appears that he obtained certified copy of the impugned order on 19/11/2009 by making an application for certified copy and this appeal was preferred along with application for condonation of delay. Thus, it could be seen that though he was aware of the impugned order, even accepting his statement as it is, by 21/08/2009, he had not taken any steps immediately to file appeal. No steps were at all taken till the certified copy was obtained on 19/11/2009. Under the circumstances, we are not inclined to condone this inordinate delay. We make it clear further that the applicant/appellant also failed to explain as to when actually he had received certified copy supplied by the Forum below which was issued on 18/02/2009. Therefore, we find that the applicant/appellant miserably failed to explain the delay in filing this appeal. We hold accordingly and pass the following order :- -: ORDER :- 1. Misc. Application No.1743/2009 for condonation delay stands rejected and in turn, Appeal No.1426/2009 is not entertained. 2. No order as to costs. 3. Copies of the order be furnished to the parties. | 
