The single judge condoned a 15-day delay in filing an appeal after sufficient explanation regarding internal company delays. The court also stayed the execution of a motor accident award pending the deposit of the balance award amount within six weeks.
Application for condonation of delay allowed; execution of award stayed subject to deposit.
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CMP(M) No. 1635 of 2016
31.05.2017
Present: Ms. Kamlesh, Advocate, vice counsel for the applicant/appellant.
Ms. Anita Parmar, Advocate, vice counsel for respondents No. 1 & 2.
None for respondent No. 3, though served.
CMP(M) No. 1635 of 2016
The present application is maintained by the applicant under Section 5 of the Limitation Act, for condoning the delay of 15 days, in filing the appeal. As per the applicant, the delay of 15 days, has occurred, as the copy of award applied by the counsel on 11.04.2016, which was received on 25.04.2016 and after receiving the same, the matter was submitted before Divisional Office of the applicant company at Pathankot, wherefrom the file was sent to the Regional Office, Chandigarh and received on 03.08.2016, and thereafter the application was filed without any further delay. The application is duly supported with an affidavit. No reply to the application has been filed.
Heard. Taking into consideration the fact that the delay, as occurred, has been sufficiently explained and it was not within the control of the applicants for the reasons stated in the application, each days delay has been explained for the reasons given in the application and as stated hereinabove, so the delay in filing the appeal is required to be condoned and is accordingly condoned. The application stands disposed of.
FAO No.
Appeal be registered.
Notice. Ms. Anita Parmar, Advocate, appears
and accepts service of notice on behalf of respondents No. 1 & 2. Issue separate notice to respondent No. 3 returnable within five weeks, on taking steps within a week. List thereafter. Reply, if any, may also be filed in the meantime.
CMPST No. 26992 of 2016
Application be registered.
Notice in the aforesaid terms.
Heard. Subject to the applicant’s depositing the balance award amount within a period of six weeks, operation and execution of the award, dated 08.04.2016, passed by learned Motor Accident Claims Tribunal, Chamba, H.P., in MAC Petition No. 159/2014, will remain stayed, till next date of hearing.
Copy dasti .
(Chander Bhusan Barowalia)
Judge
31th May, 2017
(raman)
2 issues framed by the court
Whether to condone a 15-day delay in filing an appeal under Section 5 of the Limitation Act.
Whether to stay the operation and execution of a motor accident award pending deposit of the balance amount.
Applicant/Appellant
Respondents No. 1 & 2
Respondent No. 3
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
