MC 437/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY HON’BLE MR. JUSTICE K.MERUNO (Amitava Roy, J) Heard Mr DC Chakraborty, learned Central Govt. counsel. Though the office notes dated 14.12.2010 and 7.4.2011 reveal that notice s had been issued to respondent Nos. 1 and 2 by registered post on 29.11.2010, t he A/D cards have not yet returned. Having regard to the mode of dispatch of the notices as aforementioned, service on them is accepted in terms of Order V Rule 9(5) CPC. None appears on t heir behalf. No affidavit-in-opposition has also been filed by them. Upon hearing the learned Central Govt. counsel as above and on a conside ration of the statements made in the application supported by an affidavit, the delay of 89 days in filing the accompanying appeal is condoned. Misc. case stands allowed.