Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member

          Heard Adv. Shital Patil on behalf of the Applicant/Appellant and Adv. Ganesh Shirke on behalf of the Non-Applicant/Respondent on the application for condonation of delay.

[2]     There is an alleged delay of 13 days on the part of the Applicant/Appellant in filing an appeal bearing No.290 of 2011 and to seek condonation of delay in filing appeal, the Applicant/Appellant has filed Miscellaneous Application No.176 of 2011.  Application for condonation of delay is supported by an affidavit.  Delay is properly explained in paragraph (07) of the application.  We are finding that owing to just and sufficient cause appeal could not be filed within prescribed period of limitation.  Hence, subject to certain costs delay in filing appeal can be condoned to decide the appeal on merit.

          Hence, we pass the following order:-

ORDER

Miscellaneous Application No.176 of 2011 seeking condonation of delay in filing Appeal No.290 of 2011 is hereby allowed.  Consequently, delay in filing appeal stands condoned subject to payment of costs of `1,000/- to be paid by the Applicant/Appellant to the Non-Applicant/Respondent within a period of 30 days from today (since the order is passed in presence of the parties) and failing which without any further reference to the State Commission the application for condonation of delay shall automatically stand dismissed.

Pronounced and dictated on 07^th February, 2012