The single judge admitted a consumer appeal filed with a 42-day delay, condoning it based on the appellant's explanation regarding file misplacement during internal settlement processes. The matter was listed as a regular matter.
Condonation of delay of 42 days and admission of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: April 5, 2010 Date of Order: 16th April, 2010]
CM No. 9344/2009 in MAC. APP. No. 319/2009
% 16.04.2010
NEW INDIA ASSURANCE CO. LTD.
... Appellant
Through: Mr. D.K. Sharma, Adv.
Versus
NISHANT RAWAT & ORS. ... Respondents Through: Mr. Madan Sagar, Adv. for R-1 Mr. Arun, Advocate for R-2.
JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT
This application has been filed by the appellant for condonation of delay in filing the appeal. The award in this case was passed on 28th February, 2009 and the appeal has been preferred on 8th July, 2009. The period of appeal is 90 days. Thus, there is a delay of 40 days in filing the appeal. It is submitted that after passing of award attested copy of award was supplied by the Court to counsel on 16th March, 2009 and the counsel supplied the same to the office of appellant on 23rd March, 2009. The file was marked to dealing official but unfortunately the file got mixed with other files as the company had started process of settling the cases in DICC and almost all the files of the office got scattered here and there to get reports prepared
CM No. 9344/2009 in MAC. APP. No. 319/2009 Page 1 of 2
for the purpose of settlement and the file could not be traced, it could only be found in June, 2009. Thereafter the same was handed over to company counsel for legal opinion in June 2009 and the appeal could be prepared on 8th July, 2009.
MAC.APP. NO. 319 OF 2009
The appeal is admitted. List the matter at its own turn in the category of “Regular Matters”.
April 16, 2010 SHIV NARAYAN DHINGRA, J. acm
CM No. 9344/2009 in MAC. APP. No. 319/2009 Page 2 of 2
2 issues framed by the court
Whether the appellant's reasons for a 42-day delay in filing the appeal deserve condonation?
Whether the appeal filed after the vacation period of the High Court should be admitted?
New India Assurance Co. Ltd.
Nishant Rawat & Ors.
Shiv Narayan Dhingra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
