Heard Mr. S. Sarma, learned counsel, appearing for the appellant and also heard Ms. J. Deka, learned counsel, appearing for the respondent.
This is an application for condonation of delay of 236 days in preferring the connected appeal. This matter relates to an order dated 21-9-2012 passed by the District Forum, Darrang at mangaldoi, in CPA Case No. 2(DM-1)/07, by which the appelant was directed to refund 70% of the total cost of the vehicle involved in the case and also to pay a fine of Rs. 25,000/- as cost of the proceeding. The explanation given in para 5 of the Misc application, are not found adequate for condonation of the delay and that apart, all the explanations relate to act of one Mr. Mayur Mahanta, who was an employee of the appelant no. 1 but there was no affidavit of Mr. Mahanta to justify and substantiate the explanation given in para 5 of the petition.
We have also looked into the impugned judgment and considering the fact that some important legal issues are involved, to be addressed by the Commission we, despite not being satisfied with the explanation, have decided to condone the delay of 265 days so that the matter can be examined by the Commission but this condonation is subject to payment of Rs. 20,000/- to the respondent before the date fixed for admission of the pending appeal. In view of the order passed today in this Misc Case, Registry shall allot a number to the pending appeal and the same shall be listed for admission on 16-12-2013. Ms. J. Deka, learned counsel, appearing for the respondent has volunteered to donate a sum of Rs. 5,000/- (Rs. Five thousand) out of the cost Rs. 20,000/- (Rs. Twenty thousand) to the welfare of the advocates practicing before the Commission and the said amount shall be paid either to Mr. R. Goswami or to Ms. M. Choudhury, who are regular practitioner before the Commission and the amount shall be used for the benefit of the member of the advocates practicing before the Commission.