MC 242/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mrs. Chakraborty, learned counsel for the applicant. The applicant by the present application has prayed for condonation of d elay of 122 days in preferring the appeal against the order dated 27.05.2009 pas sed by the learned Railway Claims Tribunal in Claim Application No.439/2000, on the grounds stated in the application. Notices on the respondent by registered post with A/D was issued on 16.0 2.2010, in the address given in the claim application. The office note dated 07.10.2010 reveals that neither the A/D card nor t he un-served notice has returned. Since more than 30 days has elapsed from the date of issuance of such no tice by registered post with A/D in the address given in the claim application, the notice is deemed to be served on the sole respondent. None appears for the sole respondent to contest this proceeding. Having considered the averments made in the application and such avermen ts having not been disputed by filing any affidavit, the delay of 122 days occur red in filing the appeal is condoned. Misc. case stands allowed.