Shalini Gihar@shanu Gihar vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5065

MANOJ KUMAR OHRI
Shalini Gihar@shanu Gihar – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Yogesh Swaroop and Mr. Manoj Sharma, Advocates, for the Appellants.
Mr. Piyush Beriwal, Ms. Damini Garg, Ms. Divya Srivastava, Mr. Rajnish Kumar, Mr. Akshay Amritanshu, Mr. Ashutosh Jain and Mr. Samyak Jain, Advocates for UOI.

JUDGMENT

Manoj Kumar Ohri, J.

CM APPL. 34981/2020

1. By way of present application file under Section 5 of the Limitation Act read with Section 151 CPC, the appellants seek condonation of delay of 1122 days in filing the present appeal.

2. Learned counsel for the appellants submits the appellants being the sisters of the deceased are the only legal heirs and reside at Kanpur, Uttar Pradesh. After the death of deceased, there is no one to look after them.

Further, the appellants did not receive the certified copy of the impugned order in time. Additionally, it was submitted that due to lockdown imposed on account of COVID-19 pandemic, appellants could not file the present appeal within the stipulated period.

3. Learned counsel for the respondent, on the other hand, has opposed the application.

4. It is worthwhile to note that in Mohsina & Ors. v Union of India & Ors., reported as MANU/DE/2465/2017, delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court, taking into account poor economic status of the appellants/claimants. Relevant excerpts from the decision is reproduced hereunder:

"4. The appellants are seeking condonation of delay of 804 days i