Chhattisgarh High Court dismissed a review petition filed after a 298-day delay, rejecting the ground of poor financial condition as insufficient for condonation and finding no error apparent on the face of record.
Review Petition No. 7 of 2018 and I.A. No. 01/18 were rejected.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Review Petition No. 7 of 2018
---- Petitioners
Versus
---- Respondents
For Petitioners : Shri Punit Ruparel, Advocate For Respondent no.3 : Shri Kapil Maini, Advocate
Hon'ble Shri Justice P. Sam Koshy Order On Board
06/03/2018
The present review petition has been filed seeking review of the order dated 13.02.2017 passed in MAC No. 1349/2016 whereby the appeal preferred by the claimants against the award passed by the Tribunal was dismissed on the ground of delay.
2. The present petition has been filed with a delay of more than 298 days. The only ground for condoning the delay mentioned in the application seeking
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condonation of delay is the poor financial condition of the petitioners. The said ground under any circumstance cannot be construed a strong ground for review.
3. The review of an order is always for an error apparent on the face of record detected. The petitioners have miserably failed to firstly point out any error apparent on the face of record. Secondly, no plausible explanation has been shown for the inordinate unexplained delay. Under both the circumstances, this Court does not find any strong case made out by the petitioners for condoning the delay in filing of the review petition. Moreover, this court also is not inclined to entertain the review petition on the ground that the appeal itself was dismissed on the ground of delay and this review petition has been filed with a further delay of 298 days.
4. For the aforesaid reasons, I.A. No.01/18 for condonation of delay in filing the review petition is rejected. As a consequence, the present review petition also stands rejected.
JUDGE
Bhola
2 issues framed by the court
Whether the delay of 298 days in filing the review petition can be condoned citing poor financial condition.
Whether an error apparent on the face of record was detected to justify the review petition.
1 provisions across 1 enactments
Ghasu Sahu
Dashri Bai
Rajesh Kumar Mahagahe
Jitendra Kumar Bafna
Branch Manager, the Oriental Insurance Company Ltd.
P. Sam Koshy
Bhola
As recorded by the court registry
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