Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Deen Mohd. @ Deenu – Appellant
Versus
Pramod Kumar – Respondent
JUDGMENT :
Archana Puri, J.
Along with FAO-3705-2019 to seek enhancement of the compensation, the appellant has also filed an application i.e. CM-12999-CII-2019, for seeking condonation of delay of 3998 days in filing the appeal.
2. In the application, it is submitted that the appellant was under the impression that the appeal is pending before this Court, as the impugned Award and other relevant documents have been handed over to Sh.Vipul Aggarwal, Advocate. However, when the appellant tried to contact the advocate with respect to the fate of his case, but he failed to contact him. Thereafter, he contacted the present advocate, in order to know about the status of his case. On enquiry, the appellant came to know that earlier, no appeal was filed against the impugned Award and thereupon, the appellant decided to file the appeal before this Court, with condonation application. Further, it is stated in the application that the appellant met the present advocate on 17.10.2018 and only on this account, the delay had taken place. As such, a prayer was made for condonation of delay of 3998 days in filing the appeal.
3. Notice was only issued to the insurance company, which made appearance th
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
The court determined that internal miscommunication within the insurer does not justify a delay of over 300 days in filing an appeal, emphasizing statutory obligations to act with diligence.
Inordinate delay cannot be condoned without sufficient cause explaining each day's delay, substantiated by evidence; vague, unsubstantiated plea of family illness fails against rigorous limitation la....
Point of Law : LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. ....
The court held that mere excuses do not constitute sufficient cause for condoning a significant delay in filing an appeal, emphasizing the need for diligence in pursuing legal remedies.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
