ORDER NO. 9 DT. 25.2.11

Appellant through Mr. P.Banerjee, Respondent No. 1 through Mr. Bodhisatta Dutta and the Respondent No. 2 through Mr. Avik K.Dutt, Ld. Advocates, are present.  Heard the Ld. Advocates for both sides.  It is submitted on behalf of the Appellant/Petitioner that there is a delay of 150 days and the same has been properly explained in the application for condonation of delay.  The Ld. Advocates appearing on behalf of the Respondents oppose such submission.  According to them, the delay has not been properly explained.  We have duly considered the submissions so put forward on behalf of both sides and having regard to the facts and circumstances of the case the explanation given in the application we do not find any merit in such explanation and we reject the application for condonation of delay.  The application for condonation of delay stands rejected on contest without cost.  Consequently the Appeal stands dismissed being barred by limitation.