(Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member)

(1)               Adv.Rohan Sawant proxy appears for M/s.Crawfond Bayley & Co. for the appellant.  He files authority letter issued by the advocate for the appellant.  It is taken on record.  The notice was directed to send on delay condonation application on 07/08/2011.  Accordingly, office has sent notice to the respondent by RPAD which is returned with postal endorsement ‘unclaimed”.  Since there is an postal endorsement ‘unclaimed’, we deem it proper service on the respondent. 

(2)               Heard.  There is a delay of 67 days in filing the appeal.  We are finding that the order was passed by the district forum on 21/07/2011 and it was received by the appellant on 10/08/2011, owing to the late receipt of the order and urgency of work in London and Singapore, the appellant was unable to file the appeal within the period of 30 days from the date of the said order.   Hence, by way of application for condonation of delay, delay of 67 is sought.  In support of the application, an affidavit has been filed.  Sufficient cause has been given on page 3, 4 & 5 of the Application for condonation of delay.  The respondent has preferred not to contest the application and he has remained absent in spite of notice duly served on him.  The ground pleaded for the delay in absence of any material in rebuttal, could be held as sufficient to condone the delay.  Delay is also neither intentional nor deliberate.  We hold accordingly and pass the following order.  

ORDER

(1)     The delay in filing the appeal stands condoned.

(2)     The application for condonation of delay bearing No.MA/11/497 is allowed subject to payment of cost of `1,000/- to be deposited in Legal Aid Account of the Commission.

Pronounced on 5^th March, 2012.