This application sought condonation of a delay of 2756 days in filing an appeal. The court rejected the plea due to inordinate delay and lack of sufficient cause, dismissing the application.
Application for condonation of delay is dismissed.
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MACA No.606 of 2017
Misc. Case No.1158 of 2017
04. 15.03.2019
This application under Section 5 of the Limitation Act has been filed for condonation of delay of 2756 days in filing the appeal.
Heard Mr. A.A. Khan on behalf of Mr. B.C.
Singh, learned counsel for the petitioner.
Learned counsel for the petitioner submits that after the award was passed, the insurer came to know that the deceased fell from a tree and died. Thereafter, an application for review was filed, the same having been dismissed on 29.11.2016, the present application has been filed.
Award was passed on 23.7.2009. No evidence was adduced by the insurer. On an analysis of evidence on record, Tribunal passed the award. The insurer rose from the deep slumber and filed an application for review on 08.03.2013. There is no explanation as to why the insurer has not filed any application for review of the order within the statutory period. No cause much less any sufficient cause has been shown in filing the appeal in time. There is inordinate delay of 2756 days in filing the appeal. The application is dismissed.
Consequently, the appeal is dismissed.
……………………. Dr. A. K. Rath, J.
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BK B
1 issue framed by the court
Whether the inordinate delay of 2756 days in filing the appeal can be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
B.C. Singh
Dr. A. K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
