No. 3/02.06.2010.

Heard Mr. S. P. Mukherjee, the Ld. Advocate for the Appellants and Mr. Gupta Roy, the Ld. Advocate for the Respondent No. 1 who files Vokalatnama today.  This is an application for condonation of delay in preferring the appeal.  The order impugned was passed on 12.05.2008 and the appeal has been filed on 22.04.2010.  So there is a delay of about two years.  In the application for condonation of delay it has been stated by the Appellants that they were not served with a copy of the order impugned herein.  It is also stated that from the police authorities petitioner came to know on 14.02.2010 that the execution case was pending.  Appellant took bail in the execution case and thereafter they obtained certified copy of the impugned order on 03.03.2010 and it is stated only thereafter they came to know of the impugned order.

Respondent No. 1 argued that the proceeding was proceeded after completion of service of notice on being pointed out by Mr. Gupta Roy, the Ld. Advocate for the Respondent No. 1, we also found that Order No. 14 dated 19.09.2007 shows the satisfaction of the Forum as regards publication of notice in a newspaper whereupon the Forum proceeded with the matter.  We have checked up the original record of the Forum and the said original order.  Accordingly we do not find that the only ground of no notice and ignorance of the proceeding, as urged by the Appellants, can be accepted when the proceeding continued after publication of notice in newspaper.  In such circumstances there is no question of condoning such a long delay of about two years.  The application is, therefore, dismissed.  Accordingly the appeal also stands dismissed.