Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Adv. Nikhil Mehta for the Applicant/Appellant is present. Non-Applicants/Respondents are absent. Their counsel is also absent. Reply to the delay condonation application, though time was sought for that purpose on previous occasion, is not filed. In these circumstances, we prefer to hear learned counsel for the Applicant/Appellant on the delay condonation application.
[2] There is a delay of 115 days in filing the appeal and hence, this application. Delay is sought to be explained in paragraph (04) of application, date-wise, giving the details and particulars. These reasons find support from the affidavit of Mr. Jitendra Kumar, Legal Manager of the Applicant/Appellant. There is no material placed on behalf of the Non-Applicants/Respondents to dislodge the facts stated by the Applicant/ Appellant explaining the delay. Delay is attributed to be administrative causes. But nevertheless, they show that the Applicant/Appellant was perusing the matter diligently. At-least no bad intention or malafide can be attributed to the Applicant/Appellant. In the days of automation though such delay ought to have been curtailed, but they still surface. Nobody is benefited by filing an appeal with delay. Considering the statements on facts, as narrated by the Applicant/Appellant to which reference is made earlier, we find that delay is satisfactorily explained and holding accordingly, we proceed to pass the following order:-
ORDER
Miscellaneous Application No.502 of 2010 seeking condonation of delay in filing Appeal No.947 of 2010 is hereby allowed. Delay in filing the appeal stands condoned. Application stands disposed of accordingly.
Pronounced & dictated on 17th August, 2011.
