No. 3/28.10.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Aloke Mukhopadhyay, the Ld. Advocate and Respondent through Mr. N. R. Mukherjee, the Ld. Advocate are present. 

This is an application for condonation of delay of about 304 days in filing this appeal before the State Commission.

The impugned order was passed on 17.08.2009.  The Petitioner as contended could not prefer the appeal within the prescribed period of limitation as it was in pecuniary difficulty.  However, money was arranged for as stated in the above application, some time in the month of October, 2009 after Puja vacation.  Thereafter the Petitioner approached the Ld. Advocate for filing appeal in the 3^rd week of December, 2009.  No explanation has been given in the above application as to why the Petitioner waited till 3^rd week of December, 2009 for meeting the Ld. Advocate for filing the above appeal after money was arranged for after Puja vacation.  The appeal was thereafter prepared on 15.02.2010 and the same was ultimately filed on 14.07.2010.  It has been stated in the above application that the Ld. Advocate due to his serious heart ailment and other illness became confined to bed till 25.03.2010.  Interestingly no document relating to the aforesaid illness of the Ld. Advocate has been produced along with this application.  It further appears that the Appellant knowing fully well that the appeal has become time barred in the meantime went to China without making any arrangement for filing of the above appeal after the said Ld. Advocate became fit to resume his normal work.  The Appellant came back on 2^nd July and thereafter filed the above appeal on 14.07.2010.  The above facts and circumstances speak loud about the negligence and laches on the part of the Appellant in preferring the above appeal.  We are, therefore, not inclined to condone the delay in filing the above appeal before the State Commission.  The application for condonation of delay is accordingly dismissed.  The appeal shall accordingly stand dismissed being barred by limitation.