Per Mr.Narendra Kawde – Hon’ble Member:
Heard on the point of delay condonation application.
The delay condonation application filed by the Applicant/Appellant with a request to condone the delay of 677 days in filing this appeal. Enormous delay sought to be condoned on the grounds explained in delay condonation application in paragraphs 2 and 3.
It is submitted by the Applicant/Appellant that their address was changed during the proceeding before the District Forum, however, on the changed address the first copy of the impugned order was not dispatched. Therefore, they came to know about the impugned order only after receiving the notice in the execution proceeding bearing no.08/2010. The certified copy of the entire proceeding was received by them on 17.03.2012 first time, though impugned order came to be passed on 15.05.2010. Immediately thereafter they obtained the certified copy of the impugned order, consulted the Advocate for filing the appeal and therefore, delay has occurred which is not intentional or deliberate. It is interesting to note that Applicant/Appellant was represented before the District Forum by the Advocate on record. The first copy of the impugned order was sent on 04.06.2010 on the address available in the complaint compilation before the District Forum and the Applicant/Appellant was very much present through their Advocate and the impugned order came to be passed only after hearing the Applicant/Appellant. There is no statement whether change of address was brought on record of District Forum while the proceedings were in progress. Therefore, the ground taken for delay condonation stating that there was change of address and the impugned order was not dispatched on the changed address is not sustainable. There is no other acceptable ground made out for condonation of delay in filing the appeal. The reasons submitted in the delay condonation application are not convincing and satisfactory and therefore, we are not impressed with the arguments put forth by the Ld.Advocate for the Applicant/Appellant. We do not find any substance in the delay condonation application. Therefore, the delay condonation application deserves to be rejected. We hold accordingly and pass the following order:
O R D E R
(i) Misc.Application filed for condonation of delay stands rejected.
(ii) In the result, appeal does not survive for consideration.
(iii) No order as to costs.
(iv) Inform the parties accordingly.
Pronounced on 16th April, 2013.
