No. 8/23.04.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. P. Banerjee, the Ld. Advocate, Respondent No. 1 through Mr. S. K. Das, the Ld. Advocate and Respondent No. 2 through Mr. B. Mondal, the Ld. Advocate are present.  Heard the Ld. Advocates.  We have considered statements made in the application as also the supplementary Affidavit filed.  It appears that in the application practically no explanation has been given though the delay is long period of 175 days.  In the supplementary Affidavit we find some explanation but the carriage of proceeding by concerned authorities as stated in Paragraph 7 onwards do not reflect any vigilance and the conduct appears to be only negligent.  In respect of such long delay such type of explanation cannot be accepted and accordingly the application is dismissed.  The appeal accordingly stands dismissed.