MC 2245/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Dutta, learned counsel for the applicant as well as Mr. Pachan i, learned counsel appearing for the respondent No.1/workman. The applicant by the present application is seeking condonation of delay of 56 days in preferring the appeal against the award dated 09.10.2009 passed b y the learned Commissioner, Workmen’s Compensation, Dhubri, in W.C. Case No.44/2 003, on the grounds stated in paragraph 4, which are quoted below:- 4. That the impugned judgment was passed on 09.10.2009 and the counsel for the Insurance Company intimated the same to the company by furnishing legal opin ion on 28.10.2009 and the Divisional Manager of the Insurance Company sent the e ntire file to the Regional Office Guwahati on 12.11.2009 for preferring an appea l and Legal department of Regional Office after scrutinizing the entire matter s ent the file to their advocate to prefer appeal on 27.11.2008. The counsel after going through the file could find some necessary documents such as written stat ement, copies of deposition were not in the file, therefore he asked for those d ocuments from the petitioner company on 08.12.2009. The petitioner company after procuring the documents furnished those on 28.12.2009. After receiving the file the counsel furnished his legal opinion on 12.01.2010 wherein he has opined for preferring appeal against the judgment and award dated 09.10.2009. The petition er company after going through the opinion furnished by their counsel sent back the file on 25.01.2010 for preferring appeal. Thereafter, the counsel took some time to prepare the appeal and in that process, it led to an inadvertent delay o f 56 days in filing the appeal on 03.02.2010. Having heard the learned counsel for the appearing parties and upon peru sal of the averments made in the application seeking condonation of delay, I am of the view that the applicant was prevented by sufficient cause in not preferri ng the appeal in time and hence the delay occurred in filing the appeal is condo ned. Misc. case stands allowed.