Per Mr.Dhanraj Khamatkar – Hon’ble Presiding Member:

(1)                Heard on delay condonation application.  There is delay of 124 days in filing this appeal.  This delay is sought to be condoned by the Appellant on the ground that copy of the impugned order was received somewhere on 23^rd April, 2012 as stated in para 5  of the delay condonation application.

(2)                Secondly, the Legal Department of the Applicant/appellant took time to analyze the copy of the impugned order.  The legal department then opined to challenge the validity of the impugned order.  It took time to decide challenging the impugned order. 

(3)                Respondent/Complainant contested the delay condonation application by filing reply.  Respondent pointed out to us that the copy of the impugned order was delivered by post on 15.02.2012 and also second copy was sent by post on 31.03.2012, whereas, the Appellant averred in paragraph no.3 that the copy of the impugned order received in the last week of April, 2012.

(4)                On perusal of the record, shows that first copy of impugned order was delivered on 15.02.2012 followed by second certified copy on 31.03.2012. The delay is tried to be explained by the Applicant/Appellant stating the ground of procedure in their office.  The ground tried to be explained is inadequate and insufficient to condone the delay of 124 days.  Appellant could have expected to decide preferring the appeal immediately after receiving of the second attested copy, instead the ground taken that the power of attorney which was executed in favour of one Mr.Milind Ahire who filed this appeal came to be executed on 23.04.2012.  All the required steps for filing the appeal in time were not taken diligently by the Applicant/appellant.  We do not find that the delay has been satisfactorily explained.  We are, therefore, inclined not to consider the grounds sought for condonation of delay.  We hold accordingly and pass the following order:

O  R  D  E  R

Misc.Application for condonation of delay stands rejected.  Consequently, appeal does not survive for consideration.

No order as to costs.

Inform the parties accordingly.

Pronounced on 2^nd April, 2013.