MC(N) 3007/2005 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr A Phukan, learned counsel for the applicant. It appears from office note dated 1 December 2010 that though notice on respondent No.2 was reissued by registered post a/d on 29 November 2010 at the a ddress given in claim application, neither the a/d card nor the un-served notice has returned. As more than 30 days have elapsed since then, the notice on the s aid respondent is deemed to be served. None appears for respondent Nos.1 to 4, despite service. By the present application, the applicant is praying for condoning the d elay of 36 days in preferring the appeal against the award dated 11 February 200 6 passed by learned Member, MACT, Nagaon in MAC Case No.233/1998, on the grounds stated in paragraphs 3 & 4 thereof. No affidavit-in-opposition controverting the averments made in the appli cation has been filed. Having heard learned counsel for the petitioner and on consideration of the averments made in the application, more particularly in paragraphs 3 & 4 the reof, I am of the view that the applicant was prevented by sufficient cause in n ot filing the appeal in time, and hence the delay of 36 days occurred in preferr ing the appeal is condoned. The miscellaneous application is disposed of.