Disposed
General Manager Northern Railway v. Ram Kumar
Himachal Pradesh HCCMP.M/1851/2016
Case brief
from the order text
What is this about?
of 2016 17.5.2017. Present: Mr. Kuldeep…
What the court decided
AI extract
of 2016 17.5.2017. Present: Mr. Kuldeep…
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CMP(M) No. 1851 of 2016
17.5.2017. Present:
Mr. Kuldeep Singh Rathore, Advocate, for the applicant-appellant.
Mr. D.S. Nainta and Mr. M.L. Chauhan, Addl. AGs, for respondent No. 3.
None for respondents No. 1 and 2.
Notice issued to respondents No. 1 and 2 through registered AD post for 27.12.2016 was delivered to them. They, however, have opted for not putting appearance.
The main appeal, no doubt, is barred by 228 days, however, the delay as occurred stands satisfactorily explained. The same is also neither intentional nor deliberate. Being so, I allow this application and ordered to condone the delay as occurred in filing the main appeal. The application is accordingly disposed of.
RFAST No. 20155 of 2016
Admit. Post admission notice be issued to respondents No. 1 and 2 through ordinary as well as registered AD post returnable within eight weeks, on filing of process fee and registered AD cover within a week. Send for the records also.
CMPST No. 22545 of 2016
Heard. Learned counsel for the applicant-
appellant submits that as per the record available with him, the enhanced amount of compensation has not been deposited so far. Since the legality and validity of the
impugned award has been assailed before this Court in the main appeal, the disposal whereby may take slightly longer time, it would be in the ends of justice that the execution of the impugned award is stayed during the pendency of main appeal, subject to the condition that the enhanced amount of compensation is deposited within eight weeks from today. The application is accordingly allowed. Consequently, the execution of the impugned award during the pendency of the main appeal shall remain stayed. It is, however, made clear that in case the needful is not done within the stipulated period, this order shall stand vacated automatically. The application stands disposed of.
CMP No. 8625 of 2016
Since the memo of appeal after its re-filing was entertained and the appeal even stands admitted for final hearing, therefore, this application has turned infructuous and the same is accordingly disposed of.
As recorded by the court registry
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