Delay-condonation application in a first appeal from order challenging a motor accident claim award. The court found the appellant's counsel had appeared before the Tribunal, notices were refused by him, and the affidavit lacked the plea of non-service of recall notice. The application and the defective appeal were dismissed.
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Neutral Citation No. - 2024:AHC-LKO:64174
Court No. - 6
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 57 of 2024
Appellant :- Kuldeep Singh Respondent :- Ganga And 6 Others Counsel for Appellant :- Sant Vijay Singh,Niraj Singh
Hon'ble Rajnish Kumar,J.
C.M.Application No.IA/2 of 2024
appellant before the Tribunal as he has shown the name of his counsel as Shri Neeraj Singh and he has not stated that he met him only after coming to know about the recovery citation. The impugned judgement and award indicates that the notices were issued to the appellant and deemed sufficient as the registered notice was returned with refusal of the appellant. It further indicates that the claim petition was dismissed for want of prosecution on 26.09.2012 and the said order has been recalled by means of order dated 15.09.2022 in Misc. Case No.678 of 2015. The plea of the appellant that no notice of the recall application or thereafter was served has not been taken in the affidavit filed in support of the application and despite repeated asking by the court, he could not show it.
. ...................................... .(Rajnish Kumar,J.) Order Date :- 18.9.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the 226-day delay in filing the appeal against a motor accident award should be condoned given alleged lack of notice of the claim petition.
Kuldeep Singh
Ganga And 6 Others
Rajnish Kumar
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
