Common order in MA/10/374 in A/10/701 & MA/10/375 in A/10/702
Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
Heard Adv. Anita Murgude on behalf of the Applicant/ Appellant and Adv. M. G. Nadkarni on behalf of the Non-Applicant/Respondent on the application for condonation of delay.
[2] In filing this appeal there is a delay of 132 days. It is submitted on behalf of the Applicant/Appellant that delay has primarily occurred because the Applicant/Appellant was suffering from acute sciatica. To support this contention, the Applicant/ Appellant has produced on the record a medical certificate issued by Dr. G. N. Gandhi, who advised complete bed-rest to the Applicant/Appellant. Thus, looking to the illness the Applicant/ Appellant was suffering from, we are finding that this is a just and proper cause properly mentioned in the delay condonation application to seek condonation of delay of 132 days. We have no hitch in allowing the application for condonation of delay though it is strongly opposed by the Non-Applicant/Respondent.
ORDER
Miscellaneous Application No.374 of 2010 seeking condonation of delay in filing Appeal No.701 of 2010, so also, Miscellaneous Application No.375 of 2010 seeking condonation of delay in filing Appeal No.702 of 2010 are hereby allowed. Consequently, the delay in filing these two appeals stands condoned subject to payment of costs of `1,000/- to be paid by the Applicant/ Appellant to the Non-Applicant/Respondent, in each appeal, within a period of 30 days from today (since the order is passed in presence of the parties) and failing which, without any further reference to the State Commission, the application for condonation of delay shall automatically stand dismissed
Pronounced and dictated on 13th January, 2012
