Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

     On last occasion since Respondent had not come, erroneously we had admitted the appeal without deciding condonation of delay application.  Today when on hearing this appeal, we are finding that there is delay of 59 days in filing this appeal and Respondent is present today, we shall dispose of condonation of delay application on hearing both parties. 

     Upon hearing we are inclined to condone the delay because there is sufficient cause made out by the appellant for filing the appeal belatedly, but subject to certain costs.  Hence, we pass the following order:

O  R  D  E  R

    (i)             Misc.Application No.20/2009 is allowed subject to cost of `1,000/- payable by the Applicant/Appellant to the Respondent.

  (ii)               Costs be paid within one month from today.

(iii)               Appeal No.11/2009 is adjourned for hearing to 21.02.2011.