ORDER NO. 6 DT. 10.07.2012

MR. S.COARI, LD. MEMBER

          The record is placed today for passing necessary orders in respect of an application for condonation of delay, which, according to the Appellants/Petitioners, has been filed out of time by 27 days. 

          The main contention of the application for condonation of delay, in brief, is that the petitioners were not served with the copy of notice in the complaint case, nor they were in the know of the existence of the ex parte order and that only after receipt of notice from the Executing Court the knowledge about the existence of the ex parte order has dawned upon the Appellants/Petitioners.  According to the Appellants/Petitioners, there is no intentional laches or lacuna on the part of the Appellants/Petitioners in preferring the present Appeal, which is out of time by only 27 days, which may kindly be condoned. 

          The application is contested by the OP/Respondent by filing written objection thereby denying the material contentions of the Petitioners/Appellants contending inter alia that the delay has not been properly explained and that the same is not for 27 days, but more than 450 days and the application for condonation of delay is liable to be dismissed.

          We have duly considered the submissions so put forward on behalf of both sides and have also gone through the materials on record including the petition for condonation of delay and the objection thereto and find that the impugned judgement/order was passed on 28.10.10 and that the Appeal has been filed on 27.2.12.  If that be the position, we find that there is a delay of about 457 days in preferring the present Appeal, which has not at all been explained by the Appellants/Petitioners.  The explanation as to the closure of the Mill in question does not also explain such abnormal delay.  Having considered the present matter in the light of above discussions we find no merit in the application for condonation of delay and the same is liable to be dismissed.

          Hence, it is ORDERED that the application for condonation of delay stands dismissed on contest.  Consequently the Appeal also stands dismissed being barred by limitation.