No. 1/27.04.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant is present through Ld. Advocate Mr. P. Banerjee.  Heard the Ld. Advocate for the Appellant – Petitioner.  This is an application for condonation of delay of 455 days in preferring the appeal against the order passed on 10.01.2008.  We find there are three Appellants and we have considered the explanation given.  It is apparent in respect of Appellant Nos. 2 & 3 only explanation is given in Paragraph 6 which shows that Appellant Nos. 2 & 3 on 18.04.2008 gave the note for taking steps in respect of the order passed by the Ld. Forum.  We find that this is no explanation for condonation of delay of 455 days while two of the Appellants’ only action taken in the whole proceeding is of giving a note and that too jointly on 18.04.2008.  In respect of Appellant No. 1 certain statements have been made.  We take notice that these are obligations of officers holding office and the explanation is not at all sufficient for explaining such a long delay in preferring the appeal.  Though we take liberal view in respect of condonation of delay, in the facts and circumstances of the case we are of the opinion there are gross laches and negligence on the part of the Appellant and the explanation given is not sufficient in respect of Appellant No. 1 and is almost totally absent in respect of Appellant Nos. 2 & 3.  In the circumstances application is dismissed.  The appeal accordingly stands dismissed.