MC 2717/2010 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Ms K Baruah, learned counsel for applicant as well as Mr A Goswami, learn ed counsel for respondent No.2. It appears from the office note dated 15 September 2010 that notices on the respondent Nos.1 & 2 have been issued by registered post with a/d on 5 Septe mber 2010 at the addresses given in the claim application. Though the a/d card i n respect of respondent No.2 has returned after due service, the same in respect of the respondent No.1 has not. Respondent No.2 has already entered appearance through learned counsel. Since more than 30 days have elapsed from the date of issuance of the no tice on respondent No.1 and the a/d card is yet to return, the notice on the sai d respondent is deemed to have been served. None appears for the respondent No.1. The applicant, who was the claimant before the learned Tribunal in MAC C ase No.29/2005, by the present application is seeking condonation of delay of 11 9 days in preferring the appeal against the award dated 22 September 2009 passed by the learned Member, MACT, Mangaldoi, Darrang in MAC Case No.29/2005, dismiss ing the claim application. Having heard learned counsel for the appearing parties and on a consider ation of averments made in the application as well as the affidavit-in-oppositio n filed opposing the prayer for condonation of delay, I am satisfied that the ap plicant was prevented by sufficient cause in not preferring the appeal on time, and hence the delay of 119 days occurring in preferring the appeal is condoned. The miscellaneous application stands allowed.