Madhya Pradesh Road Transport v. Sita Devi And ORS.

Patna High Court MA No.395 of 2010 (5) dt.07-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.395 of 2010 ====================================================== Madhya Pradesh Road Transport .... .... Appellant/s

Versus

Sita Devi & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nand Kumar Singh Mr. Arvind Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 07-01-2015 Heard learned counsel for the parties.

This appeal has been filed against the judgment and Award dated 20.10.2009 and 18.12.2009 respectively passed by Sri S.M. Nasimuddin, District Judge cum Claim Tribunal, Samastipur, in connection with Claim Case No. 76 of 2000, preferred much beyond the period of limitation, as is evident from the copies produced, application for certified copy itself has been filed more than five months after delivery of judgment and in the Interlocutory Application seeking condonation of delay. There is no explanation offered for such delay in filing application for certified copies and even on receipt of the same the appellants took much more time and tried to explain the delay caused

Patna High Court MA No.395 of 2010 (5) dt.07-01-2015 in some official procedures, but the explanation offered including lack of any explanation for the delay caused in preferring application for certified copy, there appears no reason to condone the delay.

Learned counsel for the appellant placed reliance upon the decision of a case referred in 2005(2) PLJR (SC) 209;

But, under the facts and circumstances stated above, this decision is not at all applicable in the present case.

Hence, Interlocutory Application stands dismissed, consequently this appeal.

Rajeev/- (Akhilesh Chandra, J.) U T