Sagheer Ahmad vs Sri. Ram Paltan Jaisawal & 5 Others
2017 Latest Caselaw 6847 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 548 of 2017
 

 
Appellant :- Sagheer Ahmad
 
Respondent :- Sri. Ram Paltan Jaisawal & 5 Others
 
Counsel for Appellant :- Abdul Alim Khan,Ramzan Ali Khan
 

 
Hon'ble Mahendra Dayal,J.

C.M. Application No. 68381 of 2017

This is an application for condonation of delay in filing the first appeal appeal from order under Section 5 of the Indian Limitation Act which is beyond by two years and 11 days.

The notice was issued to the respondent no. 1 on the application for condonation of delay which as per the office report is sufficiently served, but neither anyone has appeared for opposite party, nor any objection has been filed.

On perusal of the impugned Award and the affidavit filed in support of the condonation of delay, I find that the grounds shown in the application for condonation of delay are sufficient, hence the application for condonation is allowed and the delay in filing the first appeal from order is allowed subject to deposit of Rs. 1,50,000/- before the Tribunal after adjusting the statutory amount deposited before this Court.

The amount indicated above shall be deposited by the appellant before the Tribunal within six weeks failing which it will be open for the claimants to execute the award in accordance with law.

For a period of six weeks from today, the recovery proceedings in respect of the impugned Award dated 20.03.2015 shall remain stayed.

Order Date :- 14.11.2017

psd