JUDGMENT :

H.S. Bhalla, J. - Heard learned Counsel for the Appellant.

2. Prayer made in the application is for condonation of delay of 644 days in filing the appeal.

3. It is incumbent on a person preferring an appeal u/s 173(1) of the Act to take all care to see that the appeal is filed within time and unless he shows ' sufficient cause' which prevented him from preferring the appeal in time in spire of care and diligence, the appellate Court will not be inclined to entertain an appeal preferred out of time. The satisfaction of the court under the Second proviso to Section 173(1) of the Code will naturally have to depend on the Appellant establishing that in spire of all care and diligence it was not possible for it to prefer the appeal in time. The Appellant is required to explain each day's delay. The discretion to condone the delay is to be exercised judicially, that is one is not be swayed by sympathy or benevolence. Discretion can be exercised in favour of a person if sufficient cause is pointed out. In the instant case, I find that there were series of delay which the Insurance Company could not adequately explain. The Insurance Company as a litigant could not claim a status or