MC 836/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL In MAC Appeal No. ....../2009 This application u/s 5 of the Limitation Act, 1963 has been file d by M/s National Insurance Company Ltd. praying for condoning 228 days delay in filing appeal against the award dated 10.12.2007 passed by the Learned Member , Motor Accidents Claim Tribunal, Goalpara in MAC Case No.148 of 2004. By this i mpugned Judgment, the Tribunal has awarded a sum of Rs.1, 50, 033/- with interes t. Heard Mr. A.Ahmed, Learned Counsel for the Applicant and Mr. K.Sharma, L earned Counsel for all the three Respondents. As could be gathered from the averments made in the condonation application, the re was delay in processing the file at every stage. Besides this, the applicant has not produced any documentary evidence about the movement of the file from on e office to another and as to when and how legal opinion was sought for. Be that as it may, the inordinate delay in processing the file took place from the month of September to Feb, 2009 due to misplacing the concerned file by the dealing official due to extra load of works. In my considered opinion, this cann ot be a ground to condone the delay. I have already noted that except narrating out a story that application for cer tified copy for deposition was filed on a particular date and as to how the file was sent from Branch office to Regional office and to lawyers etc. no supporti ng documents have been filed. For the foregoing reasons, I hold that if the delay of 228 days, excludi ng the time taken for obtaining certified copy of the Judgment and statutory per iod of appeal , is allowed, it would render the statutory period as otiose. Accordingly, the prayer is rejected. Misc. Case stands disposed.