MC 4010/2010 BEFORE THE HON’BLE MR. JUSTICE K. MERUNO Heard Mr. R. Goswami, learned counsel for the appellant and Mr. D.K. Kataky, lea rned counsel appearing for the respondent No.1.. Office note dated 11.2.2011 indicates that notice upon the respondent No .2 has been received back after due notice. In this view of the matter the notice upon the respondent No.2 is deemed to have been served. By this application, the applicant has prayed for condonation of delay o f 53 days in filing the First Appeal. Learned counsel for the respondent has no objection to the delay of condonation. In this view of the matter, the delay of 53 days is hereby condoned. The Misc. Case stands disposed of.