Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial  Member:

(1)                Mr.Rahul Gandhi, Advocate for the Applicant/Appellant files vakalatnama on behalf of the Respondent. Taken on record.  This appeal was already admitted on 28^th March, 2011.  In fact there is delay of 12 days in filing this appeal.  We heard Mr.Vidyarthi, Advocate for the Appellant and Mr.Rahul Gandhi, Advocate for the Respondent on condonation of delay application. 

(2)                In filing appeal there is delay of 12 days.  It is not intentional.  In paragraph no.5 just and sufficient cause has been mentioned that Pune Divisional office of the Petitioner soon after receipt of the impugned order referred matter to their Pune Regional Office, who in turn had sent the papers to Mumbai Regional Office and then ultimately the appeal was filed.  In the process there was delay of 12 days in filing the appeal and hence, Misc. Application No.1836/2006 has been filed.  Misc.Application is having verification and it was done before the notary Advocate.  In our view it is sufficient to hold that there is an affidavit appended to the condonation of delay application. 

(3)                Since there is delay of 12 days and it is neither intentional nor malafide, we are inclined to condone the delay on payment of cost of `1,000/- payable by the Appellant to the Respondent.  Hence, we pass the following order:

O  R  D  E  R

    (i)               Misc.Application No.1836/2006 filed for condonation of delay is allowed.

  (ii)               Delay in filing Appeal stands condoned subject to payment of cost of `1,000/- payable by the Appellant to the Respondent.

(iii)               On payment of cost Appeal stands adjourned to 06/08/2012.