Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:
(1) Advocate for the Applicant/Appellant submits that he does not wish to proceed with an application for condonation of delay and the appeal against non-applicant/Respondent No.2 – M/s.Hansraj Mathuradas, who is a formal party and no reliefs are claimed against it. He endorses accordingly on the application for condonation of delay. In view of this endorsement, application for condonation of delay vis-à-vis the Appeal as against M/s.Hansraj Mathuradas, stands dismissed. Application for condonation of delay to proceed against Non-applicant/Respondent No.1 – M/s.Pushpak International.
(2) Heard both sides on condonation of delay application. As per the statement made by the Applicant/Appellant copy of the impugned order dated 13.01.2010 received by it on 03.02.2010 and thereafter, the appeal was filed on 30.03.2010 (as per the endorsement made by the registry on the appeal memo). Along with this appeal, the application for condonation of delay was filed since there is an alleged delay of 26 days in filing the appeal. The reason mentioned refers to administrative delay as spelled out in paragraph 2 of the application for condonation of delay. They have given the details as to how they took steps by referring the matter to their superior office to take decision for filing the appeal.
(3) Now, original Complainant/Respondent No.1 opposed this application stating that as per the information gathered from the website the appeal and application was filed on 09.04.2010. However, we go by the endorsement made by the Registry to which we have made a reference earlier. Said endorsement even though is dated 09.04.2010, it does not mean that the appeal was not filed on 03.03.2010.
(4) On the facts about delay, particularly about the movement of the file as narrated by the Applicant; there is, certainly, no answer from the Non-applicant except that these facts do not explain the delay in a satisfactory manner. We find no reason to not to accept the facts which are narrated by the Applicant/Appellant on these aspects. Under the circumstances, we find that the delay is satisfactorily explained and holding accordingly, we pass the following order:
O R D E R
(i) Misc.Application No.201/2010 filed in Appeal No.387/2010 for condonation of delay is allowed subject to payment of costs of `5,000/- payable to the Non-Applicant/Respondent No.1.
(ii) Costs be paid within a period of 30 days from today and failing which the application for condonation of delay shall stand dismissed automatically without any further reference to the Commission.
(iii) Subject to fulfillment of the condition to pay the costs within stipulated period, the Appeal No.387/2010 be kept for admission to 11/01/2012.
Pronounced on 29th August, 2011.
