Heard both sides.

1.  There is delay of 48 days in filing the appeal and hence, this Misc.Application No.553/2010 supported by Affidavit of Mr.Jitendra Kumar(Manager Legal) is filed.  It is stated that they had not received any copy of the impugned order sent by Forum below as per the statutory provisions.  They came to know about the same only after notice of an execution application was received.  Thereafter they immediately made enquiry with the Advocate In-charge of case in the Forum below, collected the papers including the certified copy of the impugned order and then immediately processed the matter to enable them to file appeal.  In this process the delay occurred.

2.  According to Respondent the delay is not properly calculated.  The endorsement on the certified copy shows that first copy received on 10.02.2009 and therefore period of delay is to be calculated from that date.  We are unable to accept this submission since statement made by the Applicant as the Applicant/Appellant that they had not received first copy of the impugned order and they had first came to know about the impugned order when the notice of an execution application was received by them is not rebutted.  We further find that the delay is, for the reasons mentioned, satisfactorily explained and hence, the order:

O  R  D  E  R

       (i)     Application for condonation of delay is allowed.

      (ii)     Delay in filing appeal stands condoned subject to payment of cost of `5,000/- which shall be paid within 30 days and failing which without any further reference to the Commission the application will stand automatically dismissed.