MC 780/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY It appears from the office note dated 01.09.2009 that the notices for se rvice on the respondent have been issued by registered post with A/D on 12.08.20 08, but the A/D card has not returned. The office copy of the notice available on record reveals that such noti ces by registered post with A/D were issued in the address given in the referenc e case. Since more than 30 days have elapsed from the date of issuance of such n otice, the notice on the respondent is deemed to be served. None appears for the respondent. By this application, the applicant has prayed for condonation of delay i n preferring the appeal against the common judgment and award dated 23.06.2003 i n Misc. Reference Case No.20/2000 and 34 others on the ground that as the applic ant was not a party in such Misc. Reference case, they did not know about the ju dgment and award passed by the learned Reference Court, about which they came to know only in the month of March, 2007 when the learned counsel for the Railway has informed the Railway that certain money execution case have been filed for e xecution of the award passed. They thereafter received a notice in the execution proceeding and applied for the certified copy of the judgment and award passed by the learned Reference Court and thereafter obtained the necessary approval fo r filing the appeal from the competent authority and thereby causing the delay. It also appears that vide order dated 01.12.2008 passed in Misc. Case No .783/2008 in L.A. Appeal No.4/2008, which arises out of the aforesaid common jud gment and award, delay has already been condoned. None appears to contest the present application. Having heard the learned counsel Mrs. U. Chakraborty, appearing for the applicant and upon consideration of the averments made in the application seekin g condonation of delay in preferring the appeal, I am of the view that the appli cant was prevented by sufficient cause from preferring the appeal in time. Hence the delay occurred in filing the appeal is condoned. Misc. Case stands allowed.