Office note would reveal that service upon the respondents is complete.

      Mr. D. Baruah, learned counsel, appearing for the respondent No. 1 is present. However, none appeared for the respondent No. 2 despite service of notice.

      Heard Mr.S. Sarma, learned counsel, appear for the applicant. Also heard Mr. D. Baruah, learned counsel, appearing for the respondent No. 1.          

This is an application for condoning the delay of 35 days in preferring the accompanying appeal. We have perused the statements made in the application. The grounds for delay has been explained at paragraphs 5 to 8 of the application. We have found that sufficient causes have been shown for not preferring the appeal in time. Thus, considering the statements made in the application, particularly, statements made on oath at paragraphs 5 to 8 of the application, also for the ends of justice, delay in preferring the accompanying appeal is condoned.

           Misc Case is allowed and disposed of accordingly.