MC 821/2005 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. N. Barman, learned counsel for the applicant. Perused the office note dated 1st February, 2011, wherefrom it appears that the notices on both the respondents have been served. The applicant, by the present application is praying for condonation of delay of 37 days in preferring the appeal against the award dated 8th June, 2004 passed by the learned Commissioner, Workmen’s Compensation, Nagaon in WC Case No.57/200 1 on the ground stated in the application. The applicant in paragraph 4 of the application has given the reason for non filing the appeal in time and for causi ng the delay of 37 days in filing the same stating inter alia that after receipt of the copy of the order dated 8th June, 2004, the file was entrusted to the le arned dealing advocate, who gave his opinion on 18th June, 2004, which was forwa rded by the Branch Manager to the Regional Office on 20th August, 2004 for his o pinion. It has also been stated that the Regional Office after its scrutiny on 20th August, 2004 decided to prefer an appeal and hand over the papers to the le arned advocate on 9th September, 2004 for filing the same and accordingly the me morandum of appeal was filed on 15th September, 2004 after taking about 5 (five) days for drafting the same by the learned counsel. No affidavit-in-opposition has been filed by the respondents controverting the a verments made by the applicant in the application. The respondents in fact despi te service of notice have not entered appearance to oppose the prayer. Having heard the learned counsel for the applicant and upon perusal of the averm ents made in the application, I am satisfied that the applicant was prevented by sufficient cause in not preferring the appeal in time and hence the delay occur red in preferring the appeal is condoned. Misc. Case stands allowed.