This order records the allowance of an application under Section 5 of the Limitation Act to condone a 352-day delay in filing an appeal due to bona fide reliance on counsel. The court accepted the explanation for delay and disposed of the application accordingly.
Delay of 352 days in filing appeal condoned; appeal admitted and notice issued.
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CMP(M) No. 101 of 2017
12.07.2017
Present: Mr. Tek Chand, Advocate, vice counsel for the applicant/appellant.
Mr. C.S. Thakur, Advocate, for respondents No. 1 & 2.
Mr. Anil Tomar, Advocate, for respondent No. 3.
CMP(M) No. 101 of 2017
The present application is maintained by the applicant, under Section 5 of the Limitation Act, for condoning the delay of 352 days, in filing the appeal. As per the applicant, after giving his statement in the case before the learned Tribunal below, he applicant has not inquired from his counsel regarding status of the case, as the counsel has assured him that the case will take considerable time and as and when the case will be decided, the same will be intimated to the applicant. The applicant remained under the bona fide impression that his case is still pending before the learned Tribunal below as he was assured by his counsel, however when the applicant inquired about the status of his case, it was informed by the counsel that his case has already been decided on 07.11.2015. Thereafter, the applicant collected the copy of award and after completing all formalities, the appeal was prepared without any further delay. The application is supported by an affidavit. No reply to the application has been filed nor intended to be filed.
Heard. Taking into consideration the fact that the delay has been sufficiently explained and it was not within the control of the applicant, for the reasons stated in the application, each days delay has been explained for the reasons given in the application and as stated hereinabove. Consequently, the delay in filing the appeal is condoned. The application stands disposed of.
FAO No.
Appeal be registered.
Admit .
Notice. Mr. C.S. Thakur, Advocate, appears and accepts notice on behalf of respondents No. 1 & 2 and Mr. Anil Tomar, on behalf of respondent No. 3.
List for hearing in due course.
(Chander Bhusan Barowalia) Judge 12th July, 2017 (raman)
1 issue framed by the court
Whether the delay in filing the appeal can be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
applicant
respondents
Chander Bhusan Barowalia
Raman
As recorded by the court registry
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