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Judgment
Prashant Kumar, J.—I.A. filed for condonation of delay of 21 days in filing of present appeal.
It appears that award passed on 17.8.2009 and thereafter on 26.8.2009, application filed for obtaining certified copy of award. It then appears that notification for filing folio issued on 26.8.2009 itself, but same was filed on 28.8.2009. Thereafter certified copy became ready for delivery on 29.08.2009 but the Appellant took certified copy only on 4.9.2009. It appears that even after excluding the period of four days, which was consumed in obtaining certified copy, it was imperative for applicant to file this appeal by 19.11.2009, but same was filed on 10.12.2009. In the Interlocutory Application each day delay in filing of appeal has not been sufficiently explained.
Under the aforesaid circumstance, I find no ground to condone the said delay. Accordingly, the I.A. No. 3789 of 2009 is rejected, consequently this miscellaneous appeal is also rejected.
It is submitted that the appeal has already been dismissed, as barred by limitation, therefore, statutory amount deposited by the Appellant may be returned to the Appellant.
Accordingly, I direct that let the said amount returned to the Appellant. The Appellant is directed to pay awarded amount to claimants immediately.