Praveen Yadav v. The Oriental Insurance Co Ltd & ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 17/2020 PRAVEEN YADAV ..... Appellant Through: Mr. Bahul Kalra, Adv. with Mr. Akhand Pratap Singh, Adv.

versus THE ORIENTAL INSURANCE CO LTD & ORS..... Respondent Through: Mr. Pradeep Gaur, Adv.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.01.2020 CM APPL. 1725/2020 (Exemption) Allowed, subject to all just exceptions.

The application stands disposed-off.

CM APPL. 1723/2020 & MAC. APP. 17/2020 There is a delay of 780 days in filing of the appeal. The same is sought to be explained on the ground that the appellant was facing hardships. The learned counsel for the appellant submits that otherwise, there is merit in the case.

The Court would note that the appellant was duly served notice in the claim proceedings. He chose not to contest the same. Not a single day of the delay has been explained.

The application explains the following as under:- "2. It is submitted that there is delay of 780 days in filing of the present appeal.

3. It is submitted that the delay is neither intentional nor deliberate.

4. It is submitted that Appellant is facing hardships due to the present case and execution filed subsequent hereto.

5. It is submitted that the outcome of the present appeal has direct nexus with the execution filed by Respondent No. 1 against the Appellant."

The application is without merit. Therefore it is dismissed. Consequently, the appeal also is dismissed.

NAJMI WAZIRI, J JANUARY 17, 2020 kb