MC 3680/2007 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr M Choudhury, learned counsel for the applicant. Seen the office note dated 30.9.2011 of the Lawazima Court. It reveals t hat whereas the notice for the opposite party No.2 had been published in the new spapers in terms of the order dated 23.5.2011 of this Court, that sent to the op posite party No.1 by registered post with A/D in compliance of the order dated 1 9.8.2011 has returned with the postal remark ’refused’. In the above view of the matter, service of notice on both the opposite party is complete. None has entered appearance on their behalf. Upon hearing Mr Choudhury and on a consideration of the averments made i n the application supported by an affidavit, this Court is of the view that the delay of 100 days in filing the accompanying appeal has been satisfactorily exp lained. This delay is, therefore, condoned. Misc. case stands allowed in the above terms.