The court allowed an application seeking condonation of a two-year delay in filing an appeal under Section 5 of the Limitation Act, finding sufficient cause for the lapse, and disposed of the matter accordingly.
Delay of two years, two months, and five days in filing the appeal is condoned under Section 5 of the Limitation Act.
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06.07.2021
CMP(M) No. 825/2019
Present: Mr. Adarsh Sharma and Mr. P.K. Bhatti, Addl. AGs with Mr. Yudhvir Singh Thakur, Dy. AG, for the applicant. Mr. Tara Singh Chauhan, Advocate, for the respondent.
(Through video conferencing) CMP(M) No. 825/2019
The present application is maintained by the applicant, under Section 5 of the Limitation Act, for condoning the delay of two years, two months and five days’ in filing the appeal. As per the applicant, the delay has occurred as it took considerable time to take approval from the different authorities for filing the present appeal, however, the delay is neither intentional nor willful, but was beyond the control of the applicant, hence the same may be condoned. The application is duly supported with the affidavit. Reply to the application has been filed, wherein it has been averred that the applicant has failed to explain the delay of each day and the delay is intentional. Lastly, a prayer for dismissal of the application has been made. In rejoinder to the reply contents of the application were reasserted.
Heard. After going through the contents of the application, this Court finds that in para-2 of the application, the applicant has explained sufficient cause, which prevented it from filing the appeal within the prescribed period of limitation. Accordingly, for the reasons stated in the application, the same is allowed and the delay of two years, two months and five days, as occurred in filing the appeal is condoned. The application stands disposed of.
FAO No.
Appeal be registered.
Notice. Mr. Tara Singh Chauhan, Advocate, accepts service of notice on behalf of the respondent. Henceforth, the registry is directed to reflect the name of Mr. Tara Singh Chauhan, Advocate, for the respondent, in the cause list.
CMPST No. 9467/2019
Application be registered.
Notice in the aforesaid terms. Learned counsel for the non-applicant/respondent prays for and is granted four weeks’ time to file reply to the application. List after four weeks.
Heard. The operation and execution of the award dated 30.07.2016 and order in application dated 29.05.2018, passed by the learned Courts below, is ordered to be stayed, subject to the applicant’s depositing the compensation amount, alongwith up-to-date interest, within a period of four weeks, before this Court, if not already deposited.
(Chander Bhusan Barowalia) Judge
6th July, 2021 (raman)
2 issues framed by the court
Whether to condone the delay of two years, two months, and five days while filing the appeal.
Whether the applicant has explained sufficient cause for the delay in filing the appeal.
1 provisions across 1 enactments
Applicant
Respondent
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
