(Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member)

(1)               Heard both the parties.  There is delay of 48 days for which this application is filed.  This application relevantly opposed by the respondent.  The delay is sought to be explained as per the Para 2 of the application, which chronologically explained the events contributing to the delay.  Certified copy of the order passed by the Forum below was received by the appellant on 04/10/2010.  The delay is neither intentional nor malafied.  In absence of any evidence in rebuttal, we find it proper to accept the version given by the applicant/appellant. 

(2)               Under the circumstances, we find the delay is satisfactorily explained and it will be just and proper if the application for condonation of delay is allowed subject to costs.  Hence, we hold accordingly and pass the following order.

ORDER

(1)  Application of delay condonation is allowed subject to costs of ` 1,000/- which appellant shall pay within 30 days from today by failing which the application shall automatically be dismissed.

(2)  Subject to Payment of costs ` 1,000/-, appeal is adjourned to 18/07/2011.

Pronounced on dated 17^th June, 2011.