Punjab-Haryana High Court
M/S Bedi Enterprises And Anr vs Gautam Mahajan And Ors on 8 April, 2024
Neutral Citation No:=2024:PHHC:048628
CRM-A-2857-2019 (O&M) -1 2024:PHHC:048628
239 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-A-2857-2019 (O&M)
Date of Decision:08.04.2024
M/s Bedi Enterprises and Anr. ...Appellants
Vs.
Gautam Mahanjan and Others ...Respondents
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present: Ms. Seema Pasricha, Advocate
for the appellants.
***
N.S.Shekhawat J.
CRM-39065-2019
1. The applicants/appellants have filed the present application under
Section 5 of the Limitation Act for condonation of delay of 528 days in filing
the present appeal before this Court.
2. Learned counsel for the applicants/appellants vehemently argued
that the applicant had undergone a major surgery of Gall Bladder in last years
and had developed certain complications in the year 2018. Therefore, he could
not contact his counsel for several months. Thereafter, he tried to contact his
counsel by visiting at his chamber to know the status of his case, but he could
not meet his previous counsel. Even earlier counsel was not available on his
phone call also. In November 2019, the appellant/appellant came to know that
the said counsel had been preparing for judicial services exams for the last
several months and was not visiting the Court. Ultimately, he searched his case
file and came to know from the status of the case that the case has already been
dismissed on 16.04.2018. After getting the certified copies of the impugned
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Neutral Citation No:=2024:PHHC:048628
CRM-A-2857-2019 (O&M) -2 2024:PHHC:048628
judgment, he filed the present appeal before this Court without any further
delay and in this process, the delay of 528 days had occurred. Thus, learned
counsel prayed that the application in filing the present appeal may be
condoned.
3. I have heard the learned counsel for the applicants/appellants and
perused the record.
4. In the present case, it has been argued that the applicant/ appellant
had undergone a surgery for Gall Bladder. However, no medical evidence has
been filed to substantiate the said plea. Even the application is silent with regard
to any complication suffered by the applicant in the year 2018 and the
averments in this regard are completely vague and without any basis. Even the
complaint was filed in the year 2014, which remained pending till 16.04.2018
and the applicant was duly represented by a counsel before the Trial Court.
Even the averments made by the applicant in the present application had not
been supported by any material evidence in this regard and the plea taken by the
applicant is highly unbelievable. Thus, findings no merits, the present
application is ordered to be dismissed being hopelessly time barred.
Main case
1. Since the application for condonation of delay in filing the present
appeal has been ordered to be dismissed, no separate orders are required to be
passed in the main case. The appeal is accordingly, ordered to be dismissed.
(N.S.SHEKHAWAT)
08.04.2024 JUDGE
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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