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VINAY KUMAR
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
NAGINA INDUSTRIAL CORPORATION – Respondent


Advocates Appeared:
Mr. K.K. Bhat and Ms. Natasha Nautiyal, Advocates, for the Appellant; None., for the Respondent

ORDER

Vinay Kumar, Presiding Member - This appeal has been filed with delay of 98 days. In the application for condonation of this delay, it is stated that certified copy of the impugned order of 4.10.2012 was obtained on 3.11.2012. The appeal itself was filed on 11.3.2013. In explanation of the manner in which the intervening period of nearly five months was utilised, the application merely states:

"3. Aggrieved by the judgment and order of the State Commission, the applicant immediately contacted the dealing Advocate and discussed the further steps to be taken. The Advocate advised that a Appeal ought to be filed since a State Commission failed to properly appreciate the evidence in the case.

4. The operating office then forwarded the files with all the evidences and Survey Report written arguments filed before the State Commission, etc. to the Head Office together with the opinion of the Advocate.

5. The Head Office consulted their Counsel and the Counsel after studying all the papers opined that there was miscarriage of justice and agreed with the opinion of the dealing Advocate to file an appeal before this Hon'ble Commission."

The above carries no explanation of the time spent in

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