Hrtc and Another v. Ashwani Kumar
Condonation of delay refused – 145 days' delay in filing appeal
Case brief
What is this about?
Himachal Pradesh High Court, Shimla; CMP(M) No. 451 of 2024; decided 19.11.2024; coram Tarlok Singh Chauhan (Acting Chief Justice, author) and Satyen Vaidya (Judge); applicants HRTC & another (counsel Mohit Thakur), respondent Ashwani Kumar (counsel Shubham Sood). Keywords: condonation of delay; 145 days' delay; sufficient cause; bona fide reasons; lack of promptitude; appeal against order dated 19.9.2023; record requisitioned after expiry of limitation on 18.10.2023; competent authority approval 14.11.2023; appeal filed 2.3.2024; application dismissed. No statutes or precedent cases cited in the judgment.
What did the court decide?
Since the applicants did not deal with the case file within the statutory period, the reasons assigned in the application are not bona fide and the cause shown is not a sufficient cause so as to condone the delay.