F.A. No.328 of 2013

Misc. Case No.1001 of 2013

This relates to a petition for condonation of delay of 79 days in preferring the First Appeal.

Heard learned counsel for the petitioner/ appellant on the point of limitation.

Learned counsel for the petitioner/appellant submits that the petitioner/ appellant has good case in its favour and the delay caused in preferring the appeal in time was not intentional or deliberate.

The reasons given in para 2 of the Misc. Case reads as follows:-

          “That after the order was passed by the learned Forum on 12/04/2013 the same was received by the Divisional Office of the Company at Bhubaneswar on last week of April, 2013. Thereafter the The Divisional Office intimated the same to the Legal Cell, Cuttack to file appeal before the Hon’ble Commission which was received by the Legal Cell on 1^st week of July, 2013. Thereafter the Appellant/ Company entrusted the matter to their counsel vide letter dated 25/07/2013 to file the appeal and accordingly, the appeal is filed today without further delay.”

In our considered view, there is no sufficient cause to condone the delay. So, the Misc. case No. 1001 of 2013 is dismissed and consequentially, First Appeal No.328 of 2013 also stands dismissed.