Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     Applicant/Appellant and its Counsel as well as the Non-Applicant/Respondent are absent in spite of intimation sent by post on 01.10.2011.  In the circumstances, we preferred to consider the application for condonation of delay on merit.

     There is a delay of 13 day in filing the appeal.  It is submitted that the appellant did not receive the certified copy of the impugned order which was passed against it.  In fact, there is no explanation offered even for this short delay of 13 days.  The relevant paragraph reads as under:

“The impugned ex-parte judgement was passed on 2^nd April, 2004 and the Appellants never received the certified copy.  The present appeal is being filed on the basis of the Xerox copy served by the Respondent on 10^th Feb.2005, therefore, there is 13 days delay in filing the appeal”

     Earlier paragraph nos.1 to 10 refers to the merit of the order nothing to do with the explanation for delay.  In the circumstances, since there is no explanation offered to explain the delay, the application stands dismissed.  In the result, appeal is not entertained.

Pronounced on 11^th January, 2012.