Hrtc & Another vs Ashwani Kumar
2024 Latest Caselaw 17618 HP

Himachal Pradesh High Court

Hrtc & Another vs Ashwani Kumar on 19 November, 2024

Bench: Tarlok Singh Chauhan, Chief Justice

Neutral Citation No. ( 2024:HHC:11715 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 451 of 2024 Date of decision: 19.11.2024.

HRTC & another ...Applicant/Appellants.

                 Versus
Ashwani Kumar                                                                  ...Respondent.
Coram:

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1No.

For the applicants/ appellants : Mr. Mohit Thakur, Advocate.

For the respondent : Mr. Shubham Sood, Advocate.

Tarlok Singh Chauhan, Acting Chief Justice: (oral):

By medium of this application, the applicants have

sought condonation of 145 days' delay that has crept-up in

filing of the appeal. A perusal of paragraph 2 of the application

goes to indicate that the order dated 19.9.2023, under appeal,

was immediately downloaded but it was only after the date

when the period for filing of the appeal was to expire on

18.10.2023, the relevant record was requisitioned and

thereafter examined and put up for consideration before the

competent authority on 21.10.2023.

2. Once the applicants have not chosen to deal with

the case file within the statutory period, obviously in such

Whether reporters of Local Papers may be allowed to see the judgment?

circumstances, the reasons assigned in the application cannot

be stated to be bona-fide and the cause shown in the

application cannot be in any manner termed to be a sufficient

cause, so as to condone the delay. The applicants have not

shown any promptitude in dealing with the case file, as it is

only on 2.3.2024 that the appeal came to be filed. What took

the applicants such a long time to file the appeal, when it had

been cleared by the competent authority on 14.11.2023, when

the Executive Director directed to discuss the matter with the

counsel and to apprise the him for challenging the order and

also granted approval for filing of the appeal.

3. The applicants have failed to carve out a sufficient

cause for condonation of delay in filing the appeal. Accordingly,

the application is dismissed.

                                      (Tarlok Singh Chauhan)
                                        Acting Chief Justice


                                         (Satyen Vaidya)
19th November, 2023                          Judge
      (kck)