Per :- Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
Adv. Madhuri Sakpal proxy advocate instructed by M/s. Ashwin Ankhad and Associates is present on behalf of the Applicant/Appellant. She files letter of authority. It is taken on the record. Mr. Mohsin Khan, constituted attorney, is present on behalf of the Non-Applicant/Respondent. He has produced on the record general power of attorney executed in his favour by the Non-Applicant/Respondent. It is taken on the record. Heard both of them on the application for condonation of delay.
[2] There is a delay of 33 days in filing an appeal bearing No.3 of 2011 and hence, the Applicant/Appellant has filed this miscellaneous application bearing No.2 of 2011, seeking condonation of delay. In the application for condonation of delay as well as in an affidavit sworn by Mr. Shrinivas P. Gotur, Manager – Legal & Company Secretary; on behalf of the Applicant/Appellant in support of the application for condonation of delay, just and sufficient causes have been mentioned in paragraphs (03), (04), (05), (06) and (07) thereof, as to why the appeal could not be filed within the prescribed period of limitation and why the delay in filing appeal occurred. Upon reading the same, we are satisfied that the delay has been properly explained. Non-Applicant/Respondent’s constituted attorney has no objection if the delay is condoned. Under the circumstances, we find that the delay is properly explained and further, to decide the appeal on merits, delay in filing appeal needs to be condoned, subject to payment of some costs.
Hence, we pass the following order:-
ORDER
Miscellaneous Application No.2 of 2011 seeking condonation of delay in filing Appeal No.3 of 2011 is hereby allowed. Consequently, the 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 10th January, 2012
