E.J. Bellie, President

1. This petition is for condoning a delay of 42 days in filing the appeal.

2. According to the petitioners, Andhra Bank, Vellore Branch, there were 6 O.Ps. filed against it by the same two complainants. In respect of five O.Ps. they filed appeals and in respect of the remaining one O.P. they did not file appeal. Because the order copy relating to this remaining O.P. had been misplaced, they (opposite parties) were under the impression that an appeal has been filed against the order in this O.P. also. On 31.5.95 they came across the order copy and only then they realised that an appeal had not been filed in respect of that order. In these circumstances, a delay of 42 days has occurred. Hence it would be just and necessary that the delay is condoned.

3. A counter has been filed raising many grounds of objection.

4. We are of the view that the delay could have occurred due to the reasons given by the petitioners. It is not disputed that there were 6 O.Ps. between the same parties and all related to the same point. Against orders passed in the five O.Ps. appeals have been filed. In the normal course an appeal would have been filed as against the order in the remaining O.P. also. Therefore, it is quite probable that because of the misplacement of the order in respect of the O.P. in question an appeal has not been filed and the Opposite parties were under the impression that in respect of that order also an appeal has been filed and when they came across that order they realised that no appeal has been filed. As stated above the parties are same in all the O.Ps. and the point involved also is the same. In respect of the other five O.Ps. the ap

peal has already been filed and they are pending. 5. In these circumstances, we are of the view that the delay can be condoned. Accordingly we order. Delay condoned.