Disposed¶11

Dalip Kumar Sharma v. Hpu and Others

Himachal Pradesh HC1 Jan 2025CMP.M/1595/2024

Case brief

AI extract

What is this about?

CMP(M) No. 1595 of 2024 in LPA, decided 01.01.2025: Dalip Kumar Sharma v. HPU and Ors. Condonation of 95 days' delay in filing appeal against judgment dated 09.04.2024 (office report: 156 days). Ground: recent accident and ill-health; no averment of absence from office. Private respondent contested with RTI-obtained attendance sheets (April–October 2024) showing no medical leave availed by applicant (Tabla Assistant). Delay condoned relying on Collector, Land Acquisition, Anantnag v. Smt. Katiji, (1987) 2 SCC 107; application disposed of; appeal to be registered; next date 08.04.2025.

What did the court decide?

Condonation of the delay in filing the appeal against judgment dated 09.04.2024; the appeal is to be registered and listed on 08.04.2025. ¶11

Dalip Kumar Sharma Vs Hpu and Others — Himachal Pradesh HC (2025) — LawSathi Research

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Dalip Kumar Sharma Vs. HPU and Ors.

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Item No. D-7

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CMP(M) No. 1595 of 2024 in LPA

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01.01.2025 Present:

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Mr. Adarsh K. Vashistha, Advocate, for the applicant/ appellant.

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Mr. Nitin Thakur, Advocate, for respondents No. 1 to 3.

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Mr. Ankush Dass Sood, Sr. Advocate, with Mr. Rakesh Sharma, Advocate, for respondent No. 4.

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The present application is seeking condonation of 95 days’ delay in filing the appeal against judgment dated 09.04.2024. It is averred in the application that the appeal was prepared on 11.08.2024 and was filed on 20.08.2024, whereas, as per office report, there is a delay of 156 days’. The circumstances for delay given in the application are that the applicant had suffered an accident in the recent past and was not keeping well, because of which, delay of about 95 days has occurred in filing the appeal.

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The private respondent, by way of filing reply to the application, has submitted that the applicant has not approached this Court with clean hands as there is no medical prescription receipts etc. from any of the medical institution(s) with regard to any accident or his illness and being a Tabla Assistant in the respondent- University, the applicant has not availed any medical leave from the employer. The attendance sheets have also been

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attached w.e.f. April, 2024 to October, 2024, obtained under the Right to Information Act, 2005, to substantiate this fact. In such circumstances, the application has been opposed.

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We are of the considered opinion that in the application, it is clearly mentioned that applicant has suffered accident in the recent past and was not keeping well. There is no averment made in the application that he did not attend the office. In such circumstances and keeping in view the fact that there is nominal delay in filing the appeal and each and every day’s delay is not to be explained as held in Collector, Land Acquisition, Anantnag Vs. Smt. Katiji and Ors. (1987) 2 SCC 107 , therefore, the delay has been explained sufficiently and the matter should be decided on merit, rather than throwing out the case on technicalities. Therefore, we feel that it is a fit case to condone the delay. Accordingly, the delay in filing the appeal is condoned. Application stands disposed of.

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LPA No. of 2024

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Appeal be registered.

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Now to come up on 08.04.2025 .

Dalip Kumar Sharma v. Hpu and Others

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Dalip Kumar Sharma v. Hpu and Others

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