ORDER NO. 5 DT. 15.12.10

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant through Mr. Samrat Chowdhury, Respondent Nos. 1 & 2 through Mr. Alok Mukhopadhyay and the Respondent No. 3 through Ms. Anindita Santra, Ld. Advocates, are present.  Heard them on the petition for condonation of delay.  Order is passed as under :-

This is an application for condonation of delay in filing the Appeal before this State Commission.  The Appeal has been filed out of time by about 220 days.  It has been pleaded in the above application that the Appellant/Petitioner was impleaded in a writ petition before the Hon’ble High Court as a Respondent in an issue explicably related and linked to the subject matter of this Appeal.  The writ petition has not been annexed to this petition for condonation of delay so as to establish the explicable relation of the subject matter of this Appeal with the writ petition.  It has also not been pleaded in the above application as to how the pendency of the writ petition prevented the Appellant from filing this Appeal before this State Commission or in what manner the filing of the above Appeal before this Commission would have been prejudicial to the Appellant because of the pendency of the aforesaid writ petition before the Hon’ble High Court.  We do not find any sufficient ground for not filing the Appeal within the prescribed period.  The delay in filing the Appeal is accordingly not condoned.  The application is dismissed.  The Appeal shall accordingly stand dismissed being barred by limitation.