Sri Govind Saran, appears for respondent no.1. Service upon respondent no.2 is sufficient as per the office report. No counter affidavit has been filed to oppose the delay condonation application. The reason for filing the appeal late has been explained in the affidavit filed in support of the application and it has been stated that on account of filing of the review as per the legal advised, the appeal could not be filed earlier. However, as soon as the review was rejected the appeal was filed and as such there is no willful or deliberate delay in filing the appeal.
Cause shown is sufficient.
Delay is condoned.
Office to allot regular number to the appeal.
Admit.
Issue notice.
Connect and list with F.A.F.O. No.356 of 2009 which arises out of the rejection of the review application and has been admitted on 5.2.09.
Order Date :- 5.10.2010 piyush