No. 4/07.02.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Pralay Kar, the Ld. Advocate and Respondent No. 1 through Mr. S. N. Ganguly, the Ld. Advocate are present.

This is an application for condonation of delay in filing this appeal.  The appeal has been filed out of time by about 149 days.  The impugned order has been passed on 25.02.2010.  The said order has been passed on contest by the Appellant – Insurance Company.  It has been stated in the application for condonation of delay that knowledge of the aforesaid impugned order anyhow did not occur to the Appellant till before 1^st week of June, 2010.  The appeal thereafter has been filed on 31.08.2010.  This fact thus shows that even after knowledge of the said order on 1^st week of June, 2010 the Appellant did not act with promptness to file the appeal within a short time, knowing fully well that because of laches and negligence on the part of the Appellant they did not come to know of the impugned order for about a period of four months from the date of making of the same.  These facts and circumstances establish the lackadaisical attitude of the Appellant after the award was passed against them in the complaint case.  We are, therefore, not satisfied that the Appellant was prevented by sufficient cause from preferring this appeal within the prescribed period of limitation.  The delay in filing this appeal is, therefore, not condoned.  The appeal shall stand dismissed as being barred by limitation.