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

(1)               Heard both the sides on delay condonation application.  There is delay of 20 days in filing this appeal and therefore this application is moved by the applicant/appellant.  Certified copy of the impugned order was received on 28/07/2010 and thereafter, applicant took immediate steps to file the appeal by moving it Regional office and it was duly processed.  However, in that process, the delay occurred.  

(2)               Considering the facts, we find that since the receipt of the order, appellant had taken immediate steps to file an appeal and acted deligently and in the given circumstances, it also cannot be said that the delay is either intentional or malafied.   Under the circumstances, we find it just and proper to condone the delay subject to costs.  We hold accordingly and pass the following order. 

ORDER

(1)     Delay application is allowed subject to payment of costs of  5,000/- payable within 30 days to the non-applicant/respondent.  If the costs are not paid within the stipulated period, the application for condonation of delay shall  automatically stand dismissed.

(2)     No order as to costs.

Pronounced on 27^th June, 2011.