Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

    There is a delay of 62 days in filing this appeal and there is an application for condonation of delay.  The delay is tried to be explained in paragraph no.3 of the application stating that the delay occurred since various levels officers involved in taking the decision to file appeal.  Ld.Counsel for the Non-Applicant/Respondent objected to condone the delay on the ground that the applicant failed to explain the delay in a satisfactory manner.

     In the instant case, the Applicant/Appellant has stated in the application that it is a public sector organization like Insurance Company and they have to take abundant caution before taking final decision.  It also mentioned the efforts made by the Applicant/Appellant soon after receipt of the certified copy of the order.  We find it reflects their due diligence and not latches.  In the circumstances, considering the fact that this is one of the nationalized General Insurance Company and the issues as to the maintainability of the claim substantially arises in the instant case and which goes to the root of the matter; the legality of the award passed could be well quantified.  Hence, we find it proper and just to condone the delay.  Thus, the order:

O  R  D  E  R

    (i)               Misc.Application no.256/2008 filed for condonation of delay is allowed.

  (ii)               Delay in filing the appeal is condoned.

(iii)               No order as to costs.

Pronounced on 11^th January, 2012.