ORDER

CHANDRA DHARI SINGH, J (Oral)

CM APPL. 25479/2019 (Delay)

1. This is an application filed on behalf of the applicant/appellant under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 799 days in filing the instant appeal challenging the ex-parte award dated 15th November, 2016 the learned Presiding Officer, MACT-01 (SE)/Saket Courts, New Delhi in suit bearing no. 3024/2016.

2. Learned counsel appearing on behalf of the applicant submitted that the applicant could not file the present appeal within the period of limitation due to the reason that the appellant/owner of the alleged offending vehicle was never served before the learned Tribunal.

Signature Not Verified Digitally Signed By:PRAVEENMAC.APP. 601/2019 Page 1 of 9

3. It is submitted that the learned Tribunal wrongly noted in paragraph No.4 of the impugned judgment that the applicant failed to contest the claim petition and proceeded ex-parte.

4. It is further submitted that the notice dated 21st September, 2015, which is appended as Annexure-B to the present appeal, shows that the learned Tribunal had directed to serve the said notice upon the owner through the Investigating Officer, however, the same was n