Per Mr S M Shembole, Presiding Judicial Member

Heard Adv. Mr A M Quazi for the applicant / appellant.

He has submitted that due to misunderstanding of the applicant that the appeal cannot be filed during the vacation period, there was delay of 7 days in filing the appeal and the same may be condoned.

He has filed the appeal on the very opening day after vacation.  On perusal of the record reflects the impugned judgement was passed on 08.04.2011 and the certified copy of the judgement was issued on 30.04.2011.  Therefore, the appellant ought to have filed the appeal on or before 29.05.2011. However, the appeal came to be filed on 06.06.2011.  Looking to this peculiar fact, we feel it appropriate to condone the delay.  Hence, application is allowed and delay is condoned.