MC 65/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Office note dated 3.5.201 reveals that the notices on the respondent Nos. 1 to 3 were issued by registered post with A/D on 21.4.2011. The respondent Nos. 1 and 2 are represented by Mr. Sishir Dutta, learned counsel . Since more than 30 days have elapsed from the date of issuance of such notice to the respondent No. 3 but neither the A/D card or the unserved notice has return ed, the notice on the respondent No. 3 is deemed to be served. None appears for the respondent No. 3 and hence the present proceeding will proc eed ex parte against him. Heard Mr. Surajit Dutta, learned counsel for the applicant as well as Mr. Sishir Dutta, learned counsel for the respondent Nos.1 and 2. The applicant by the present application is seeking condonation of delay of 71 d ays in preferring the connected appeal. Having heard the learned counsel for the parties and upon perusal of the avermen ts made in the application seeking condonation of delay, I am of the view that t he applicant was prevented by sufficient cause in not preferring the appeal in t ime. Hence the delay of 71 days occurred in preferring the appeal is condoned. Misc. case stands allowed.