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2018 Supreme(HP) 933

SURYA KANT, AJAY MOHAN GOEL
State of H. P. – Appellant
Versus
Narain Singh – Respondent


Advocates Appeared:
For the Appellant :J.K. Verma, Ranjan Sharma, Adarsh Sharma, Nand Lal Thakur, Ashwani Sharma, Additional Advocate Generals and Rajat Chauhan, Law Officer
For the Respondents: Neel Kamal Sood, Adv.

JUDGMENT :

Surya Kant, J.

1. The prayer in this application moved under Section 5 of the Limitation Act is to condone delay of 265 days in filing the accompanying intra Court appeal. Though reply to the application has not been filed but we have heard learned Counsel for the parties. In the self explanatory application, the appellants have explained that various procedural channels were acquired by them to resort for filing the appeal and at this stage, some time was taken by the Authorities, due to which, the delay has occurred. The Assistant Engineer, IPH Sub Division, Kaffota, was entrusted the responsibility to file the appeal but due to some responsibility during the Assembly Session, the timely action could not be taken, due to which, this delay has been caused.

2. It appears that the reasons for not filing the appeal within the time are bona fide. The application is accordingly allowed and delay of 265 days in filing accompanying appeal is condoned.

LPA No. 54 of 2018.

3. This Letter Patent Appeal assails order dated 21st June, 2016, whereby, learned Single Judge has set aside the award dated 08.05.2006 passed by learned Labour Court, Shimla, in Reference No. 83 of 2000, and orde

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