MC 1042/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Bhatra, learned counsel for the applicant and Mr. Rajbarbhuiya n, learned counsel appearing for the respondent No.1. None appears on behalf of the respondent No.2 despite service. The applicant has filed the present application seeking condonation of d elay of 38 days in preferring the appeal against the order dated 24.08.2007 pass ed by the learned Tribunal in Misc. Case No.43/2006 arising out of MAC Case No.1 10/2006, on the ground stated in paragraphs 3 and 4 of the application. No affidavit-in-opposition has been filed controverting the statement ma de in the application seeking condonation of delay, more particularly in paragra phs 3 and 4. Upon hearing the learned counsel for the parties and on perusal of the a verments made in the application seeking condonation of delay, I am of the view that the applicant was prevented by sufficient cause in not preferring the appea l in time. Hence the delay of 38 days occurred in filing the appeal is condoned. Misc. case stands allowed.