General Manager Northern Railway vs. Gurbachani Devi
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Order Issued After Hearing
Purpose:
Orders
Before:
Hon'ble Honourable Mr. Justice Rajiv Sharma
Listed On:
14 Jul 2015
Order Text
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
| $\frac{CMP(M)}{N0.502} \frac{012014.}{14.7.2015.}$ | |
|---|---|
| General Manager, Northern Railways<br>Versus | Applicant/appellant. |
| Gurbachani Devi & ors. | Respondents. |
| Coram |
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting?<sup>1</sup>. No.
For the appellant/applicant: Mr. Rahul Mahajan, Advocate.
For the respondents: Mr. Parmod Thakur and Mr. M.A.Khan, Addl. AGs for respondents-State.
Justice Rajiv Sharma, J.
<u>CMP(M) No. 502 of 2014.</u>
The Regular First Appeal is directed against the award dated 31.3.2012, rendered by the learned Addl. District Judge, (FTC) Una, H.P. in L.A.C. Petition No. 38/2008. The appeal is barred by 1 year, 6 months and 4 days. An application, being CMP(M) No. 502 of 2014, has been filed for condonation of delay.
- According to the averments made in the application, the award was made by the learned Addl. District Judge, Una, on 31.3.2012. The certified copy was applied on 2.4.2012. It was attested on 3.5.2012 and the same was received on 8.5.2012. The copies were forwarded by the counsel to the Dy. Chief Engineer (Construction-I) Northern Railway, Chandigarh. The copies were forwarded to the Law Branch for getting the approval to file the appeal. The learned Advocate appearing on behalf of the applicant has brought to the notice of the applicant that court-fee has to be affixed. The necessary sanction was accorded on 11.11.2013. The amount was released on 3.1.2014. It is, in these circumstances, the appeal could not be filed in time.
<sup>&</sup>lt;sup>1</sup> Whether reporters of the local papers may be allowed to see the judgment?
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The reason assigned for not filing the appeal in time is neither cogent nor convincing. The applicant has not disclosed as to on what date the learned Advocate has sent the copy to Dy. Chief Engineer (Construction-I) Northern Railway, Chandigarh. There is no date as to when the Dy. Chief Engineer (Construction-I) Northern Railway, Chandigarh sent the copies to the Law Branch. The reference was decided on 31.3.2012 and the court fee has been sanctioned on 11.11.2013. There is inordinate delay in filing the appeal. It is settled law that the Courts have to be liberal while considering the application under Section 5 of the Limitation Act if the delay is short, but at the same time, strict view has to be taken when there is inordinate delay in filing the appeal.
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Accordingly, there is no merit in this application and the same is dismissed. No costs.
(karan) Judge.
July 14, 2015, ( Rajiv Sharma ),
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