SA/1/2021
2023 Latest Caselaw 1978 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No.1 of 2021
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Piyush Garg, counsel for the appellant.

2. Mr. Sagar Kothari, counsel for respondent nos.1 to 4.

3. None present for respondent nos.5 and 6, despite sufficient service.

4. Counsel for the appellant would submit that there is a delay of 859 days in filing the appeal; that, the First Appeal was dismissed on 31.05.2018 whereafter a Review Application No.702 of 2018 was filed before the First Appellate Court which was also dismissed on 18.04.2019; that thereafter, this Second Appeal was filed on 04.01.2021. He would further submit that the period from 15.03.2020 to 28.02.2022 is to be excluded as per the judgment of the Hon'ble Supreme Court in re Suo Moto Writ Petition (C) No. 3/2020; thereafter, effectively there is a delay of eight months.

5. He would further submit that the applicant/appellant is 67 years of age and permanent resident of Vadodra, Gujarat and he is suffering from diabetes and frequent blood pressure fluctuation problem. In support of his application for condonation of delay, the appellant has placed the prescription slips as Annexure No.1.

6. Counsel for respondent nos.1 to 4 would submit that the documents filed by the appellant/applicant are only medical prescription which do not show that the appellant was advised by the doctors not to undertake journey from Vadodara to Dehradun or Nainital.

7. Heard learned counsel for the parties and perused the record.

8. In view of the fact that the appellant is stationed at a distant place Vadodara, Gujarat and is suffering from ailments of Diabetes and frequent blood pressure fluctuation and is under treatment for the same, the ground shown by the appellant for delay is found sufficient. Delay is, therefore, condoned subject to payment of cost of Rs.2,000/- to the respondent nos.1 to 4. Delay Condonation Application stands allowed.

9. Put up on 20.11.2023 for admission/orders..

(Vivek Bharti Sharma, J.) 31.07.2023 BS