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Judgment
Ashok Menon, Chairperson
This Appeal is filed challenging the order of the DRT, Nagpur, refusing to condone the delay of 55 days vide order dated 05.02.2016 in M.A. No. 31/2014. The Applicant initially approached Hon'ble High Court at Nagpur by filing Writ Petition No. 1705/2016 and vide order dated 22.3.2016 that W.P. was disposed of as withdrawn for the reason that Applicant would very well approach this Appellate Tribunal for appropriate reliefs.
The Ld. Counsel appearing for Applicant was heard. None appeared for Respondent No.1 though served. Vakalatnama of Adv. Mr. Ujwal N. Fula.di and Mr Sachin N. Fuladi has been filed for Respondent No.l.
I find that 37 days delay has occurred as calculated by the Registry, even though it is mentioned in the petition that the delay is of 55 days. The Applicant has well explained the delay and I do not find any reason to reject the prayer for condonation. For the reasons stated in the Affidavit which has been filed subsequently, the delay has to be condoned and hence the application for condonation of delay is allowed.
The Appeal will be taken up for hearing on merits on the next date of hearing. The parties shall get ready.
Post on 19.04.2022 for hearing.