AO/446/2023
2023 Latest Caselaw 3203 UK

             Office Notes,
                reports,
               orders or
             proceedings
SL.
      Date   or directions                          COURT'S OR JUDGES'S ORDERS
No
                  and
              Registrar's
              order with
              Signatures
                             A.O. NO. 446 of 2023
                             Hon'ble Vivek Bharti Sharma, J.

                                      Mr.       Balvinder     Singh,       counsel   for   the
                             appellants/applicant.

2. Present appeal is preferred against the impugned judgment and award dated 10.05.2023 passed by the M.A.C.T./3rd Additional District Judge, Rudrapur District Udham Singh Nagar in M.A.C.P. No. 89 of 2020, whereby the amount of `4,16,000 /- has been awarded in favour of the appellants/applicants.

3. There is 66 days delay in filing the appeal.

4. The Delay Condonation Application (IA 1 of 2022) has been filed along with the affidavit of the appellant for condoning the delay of 66 days with the averments that the appellant has not filed the present appeal within the limitation prescribed due to paucity of funds and domestic problems.

5. The reasons given in the affidavit supporting the delay condonation application would reveal that no satisfactory or reasonable explanation given for condoning the inordinate delay. Hon'ble Supreme Court in catena of judgment has held that only if the reasons are genuine and acceptable, then alone, delay are to be condoned and not otherwise. The application for condonation of delay cannot be a routine affair. A person, who is not vigilant, is not entitled for the relief after a prolonged period. It is well considered principle of law that while condoning the delay, the Courts have to consider the genuinity of the reasons furnished by the person seeking condonation of delay.

6. In view of the fact that the appellant/applicant could not establish any acceptable reason for the purpose of condoning the long delay of 66 days, this Court is not inclined to consider the delay condonation application. The delay condonation application is hereby rejected.

7. Consequently, the present appeal is dismissed.

(Vivek Bharti Sharma, J.) 18.10.2023 Mamta