another (Supra) is concerned, in the said case the judgement and award dated 31 March 1977 was challenged in two First Appeals bearing First Appeal No. 248 of 1977 and the First Appeal No.266 of 1977. There was some exparte proceeding and the application was moved to set aside the same, which was rejected vide order dated 4 March, 1978 and the appeal against the said order was held not maintainable. Thereafter the appeal against the award was filed. Therefore the Hon'ble Supreme court observing that there was at least some justification for the appellant being mislead as to when he should have preferred his appeal and the award, which he seeks to challenge is under appeal by respondent no.1 and respondent no.2 in the said case and held that the appeal of the present appellant may also be entertained and may be disposed of on merit alongwith the said two appeals, though there was some delay in preferring the appeal. In the present case there is unexplained delay of more than 7 years 3 months from the date of putting appearance in the appeal and no sufficient cause has been shown for the said period after the Objector had put in appearance in the appeal and the appeal filed by the respondent no.1 has also been got dismissed as not pressed by him today. Therefore the Objector is not entitled for any benefit of the same.
