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Judgment
Ashok Menon, Chairperson
I.A. No. 663/2022 is an application for condonation of delay in filing the application for bringing on record the legal representatives of the deceased Appellant and also for setting aside abatement. There is a delay of 341 days in filing these applications.
The Ld. Counsel appearing for the Appellant submits that the delay was caused because the sole Appellant who was contesting the matter was residing in Nashik and therefore, nobody could approach the Counsel intimating about the demise of the Appellant. By that time, the intimation was given, it was too late and therefore, the appeal abated. The Appellant prays that the application may be allowed and the delay may be condoned for reasons stated in the application.
The Respondent has vehemently opposed the application stating that the reasons mentioned in the application for condoning the delay are not at all sufficient.
Considering the entire facts and circumstances in this case, I find that there was only one Appellant and therefore, the legal representatives may not have volunteered to appear and get themselves impleaded. For that reason, there was a delay and that appears to be a sufficient cause but considering the long delay, I am of the opinion that the application can be allowed only by putting the Applicants to terms. Therefore, the application is allowed on the payment of the cost of ₹10,000/- to the DRT Bar Association Mumbai for the purchase of books and periodicals within a period of two weeks, failing which, the application shall stand dismissed. Post on 17.03.2013 before the Registrar for reporting compliance.