MC 4043/2007 BEFORE HON’BLE MR.JUSTICE AC UPADHYAY MC 4043/2007 In MAC No. of 2007 Heard Mr. R.Sarma, learned counsel for the applicant and Mr.P Bhattacharjee, lea rned counsel for the respondent No.1. Learned counsel for the petitioner has prayed for striking out the name of respo ndent No.2 from the cause title. Counsel for the respondent No.1 has no objectio n. Accordingly name of respondent no.2 be struck off. Registry is directed to recti fy the cause title by deleting the name of respondent No.2 from the cause title of the application. Respondent No.3 has not entered appearance despite service of notice. This is an application under Section 5 of the Limitation Act, 1973 seeking condo nation of delay of 44 days in preferring the connected appeal against the judgme nt and award dated 14.6.2007 passed in MAC Case No.2374/2004 by the learned Memb er, MACT, Kamrup. Heard learned counsel for the petitioner as well as learned counsel for the resp ondent No.1. Counsel for respondent No.1 has no objection for condoning the dela y. On careful perusal of the submissions and accepting the reasons explained in th e application, the delay of 4 days in preferring the connected appeal is hereb y condoned. Misc. case is hereby disposed of.