MC 174/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY It appears from the office note dated 08.08.2011 that the notices for se rvice on the respondent Nos.1 and 2 were issued by registered post with A/D on 0 4.08.2011. From the office note dated 08.12.2011 it reveals that while the A/D c ard in respect of the respondent No.2 is returned indicating service, but neithe r the A/D card nor the un-served notice in respect of the respondent No.1 has re turned. Since more than 30 days have elapsed from the date of issuance of such n otice on the said respondent, the notice on the said respondent No.1 is deemed t o be served. None appears for the respondents. Hence the proceeding will proceed ex-parte against the said respondents. Heard Mr. Dutta, learned counsel for the applicant. The applicant by the present application is seeking condonation of delay of 44 days in preferring appeal against the judgment and order dated 23.07.2010 passed by the learned Member, Motor Accident Claims Tribunal, Lakhimpur at Nort h Lakhimpur, in MAC Case No.75/2009. Having heard the learned counsel for the applicant and upon perusal of t he averments made in the application seeking condonation of delay, which have no t been controverted, I am of the view that the applicant was prevented by suffic ient cause in not preferring the appeal in time. Hence the delay occurred in filing the appeal is condoned. Misc. case stands allowed.