Per Shri Narendra Kawde, Hon’ble Member

          Heard Mr.Manoj Dalvi, Advocate for the applicant/appellant, Mrs.Warunjikar, Advocate for non-applicant/respondent No.1 and Mr.Siddha Pamecha, Advocate Proxy for Ms.Jyoti Ghag, Advocate for non-applicant/respondent No.3.

          Appellant has filed delay condonation application seeking to condone delay of 30 days in filing First Appeal No.728/2012 before this Commission.  Reasons for the same have not been mentioned in delay condonation application except stating that applicant/appellant had good case on merit and the grave prejudice, irreparable loss and hardship will be caused to the applicant/appellant if prayer of delay condonation is not granted.  Besides this, there is no averment/statement for seeking delay condonation.  Applicant/appellant is a Government of India Undertaking who is under orders to jointly and individually execute Deed of Conveyance in respect of property bearing C.S. No.72, situated at Lower Parel in the city of Mumbai.  Since matter pertains to title of the property, we prefer to hear the Learned Advocate of the applicant/appellant and non-applicants/respondents on the point of delay condonation.

          Delay condonation application was vehemently opposed by non-applicant/respondent No.1 stating that no appropriate ground has been mentioned by applicant/appellant in the delay condonation application.  However, delay sought to be condoned is 30 days and matter involves transfer of the property by executing Conveyance Deed, which requires to be heard on merit.  Therefore, in the interest of justice, we allow delay condonation application subject to cost of `5,000/- payable by applicant/appellant to non-applicant/respondent No.1.  We hold accordingly and pass the following order :-

                             -: ORDER :-

1.                 Delay Condonation Application No.221/2012 is allowed.  Delay is condoned subject to cost of `5,000/- payable by applicant/appellant to non-applicant/respondent No.1. 

2.                 Matter stands adjourned to 08/10/2013 for payment of cost and hearing of appeal on admission.

Pronounced

Dated 26^th August 2013.