ORDER NO. 1 DT. 5.1.09

HON’BLE MR. JUSTICE ALOKE CHAKRABARTI, PRESIDENT

Heard Mr. P.Banerjee, Ld. Advocate for the petitioner, in support of the application for condonation of delay and Mr. Samar Kr. Mitra, Ld. Advocate for the Respondent No. 1.  The delay is for 346 days as stated in the application.  The judgement was passed on 31.12.07 and the certified copy was made available on 4.1.08.  From Para-6 of the application it is apparent that the authorities started acting on the said certified copy since then and the matter was being considered by the various authorities.  It is true that when explanation is available showing consideration of the matter by different authorities at different locations, if the explanation is found acceptable the delay is condoned.  But in the present case from Para-7 to 13 we do not find that any statement has been made giving particular facts as to the period which was taken by any particular authority in considering the matter.  Vague statements made in the application cannot be accepted explaining such long delay of 346 days.  In the circumstances, the application is dismissed for want of explanation and not sufficiency of the explanation.  The application being dismissed the Appeal also stands dismissed.