Mohd. Amin Gujree & Anr vs Union Of India & Ors
2021 Latest Caselaw 998 j&K/2

S.N 14
A.N
           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
                               ...

                                CONC No. 159/2017

     Mohd. Amin Gujree & Anr.                                   .... Petitioner(s)

                              Through: Mr. Onkar Singh, Advocate.

                                        Versus

     Union of India & Ors.                                     ...Respondent(s)

                                Through: Ms. Rehana, Advocate vice
                                         Mr. T.M. Shamsi, ASGI &
                                         Mr. Faisal Javid, Advocate.

     CORAM:
         HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                      ORDER

01.09.2021

This is an application seeking condonation of delay in preferring an

appeal against the judgment and award dated 24.01.2019, passed by MACT

Baramulla. There is delay of three years and 48 days in preferring the

appeal.

In the application for condonation of delay, the explanation tendered

is that even when the award was passed in the presence of the applicant who

is a driver and is a party in the proceedings before the tribunal, he was not

guided by his counsel as to whether the applicant had to pay any amount to

the insurance company. It is on that basis stated that the applicant had no

knowledge about the passing of such an award. Knowledge of the award is

attributed only when bailable warrants were sought to be executed in the

execution proceedings.

On a bare perusal of the application and the explanation tendered, it

can be seen that the stand of the applicant can not be accepted on its face value and is totally contradictory. As on one hand the applicant states that

the award was passed in his presence, and on the other hand he asserts that

he has no knowledge of the passing of the award on the ground that his

counsel had not informed him about the order.

Having gone through the explanation tendered in my opinion no

ground is made out for condonation of delay, application is accordingly

dismissed and as consequence thereof the appeal also stand dismissed.

(Dhiraj Singh Thakur) Judge Srinagar 01.09.2021 "NuzhatShafi"