MC 2828/2007 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. H Das, learned counsel for the applicant and Mr. DK Das, learned couns el for the opposite party No. 3. Seen the office note dated 21.04.2011, which indicates that service of notice on the opposite party No. 1 & 3 is complete and that the notice issued to opposite party No. 2 by registered post with A/D on 01.04.2011, has come back with the p ostal remark refused . In this view of the matter, the service of notice on the opposite party No. 2 is also accepted. After hearing the learned counsel for the parties and on a consideration of the averments made in the application to explain the delay of 40 days in filing the accompanying appeal, the same (delay) is condoned. The miscellaneous application stands allowed.