This court dismissed a restoration application filed by an applicant who claimed delay was due to family bereavement and health issues. The court held no good ground was established and rejected the explanation for the lapse in time.
The application for restoration is dismissed. No order as to costs.
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M.A. No. 13/2023 In M.A. No. 37/2022 In Regular Appeal No. 223/2018
Date: 10.05.2024
Pyarelal Kureel Vs. Housing Development Finance Corporation Ltd.
Present: Shri Vipul Pandey, counsel for the applicant, Shri Bharat Kant, counsel for the respondent,
Learned counsel for the appellant submits that he does not want to file rejoinder to the reply filed by the respondent on the delay and restoration applications.
Heard the learned counsels for the parties.
Learned counsel for the applicant submits that an affidavit has been filed as to why the applicant did not appear on earlier dates and there is delay in filing of this application also, which has occurred on account of death of his younger brother and also on account of the fact that he was suffering from old age problem, due to which he was being medicated and rest was advised.
Learned counsel for the respondent submits that all these points are sought to be raised by the appellant only for purposes of making some reason in his favour and he repeatedly did not appear and there is nothing on record to show that he was suffering from any health problem, which precluded him to file the present application within the time. It is thus argued that the application may be dismissed.
After hearing the learned counsels for the parties and perusing the record, this court is of the opinion that no good ground is made out in the restoration application, therefore, the same is liable to be dismissed. Accordingly, the application is dismissed with no order as to costs.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether a restoration application be allowed despite the absence of good grounds and prior non-appearance by the applicant.
Pyarelal Kureel
Housing Development Finance Corporation Ltd.
R. D. Khare
As recorded by the court registry
2 orders share this CNR
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