Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

          There is delay of 107 days in filing appeal and therefore, application for condonation of delay is filed.  The reasons mentioned in Para 7 of the application read as under :-

“7.    The appellant states that the order was passed on 21/05/2010 and copy was received by the appellant on 25/05/2010 after receipt of the said order the Advocate in the matter have given a letter suggesting to prefer the appeal in the matter on 26/05/2010 to the divisional office, the divisional office who has no financial capacity to decide the matter above Rs.10,000,00/- and hence by letter dated 01/06/2010 he has forwarded the file for the opinion and to take the decision of appeal to the regional office, MBROII after receipt of the said order and the necessary documents the regional office has decided to take the opinion of the senior Advocate  meanwhile the officer concerned have changed and the new officers who had taken the charge has decided to prefer the appeal considering the award is on the higher side on also Hon’ble District Forum have not considered the investigation report and the recommendation to settle the claim and also have not considered that the respondent is a business man.”

          Application is vehemently opposed by the opponent/respondent.  According to him delay is not satisfactorily explained.

          It could be seen from the application of the applicant/appellant that after receipt of the impugned order on 25/05/2010 immediately steps were taken on the next date itself.  The judicial official responsible for initiating process reported to his Superior.  Considering the pecuniary stake involved, it was required to be referred to the Regional Office by the Divisional Office and in the process, it took time to file appeal.  This delay could be avoided because of automation of these days.  We are satisfied about reasons mentioned to condone the delay.  We hold accordingly and pass the following order :-

                             -: ORDER :-

1.       Application is allowed.  Delay is condoned subject to cost of Rs.10,000/- payable to the opponent/respondent/org. complainant.  Cost be paid within 30 days failing which without further reference to this Commission, application will stand dismiss.

2.       Subject to fulfillment of condition of payment of cost, appeal be listed for admission on 22/12/2010.