The Oriental Insurance Co Ltd v. Harpal Singh & ORS

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 362/2017 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. A.K. Soni, Adv.

versus HARPAL SINGH & ORS ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.04.2017 CM APPL. 13915/2017 (Exemption) Allowed, subject to all just exceptions.

MAC.APP. 362/2017 & CM APPLs. 13915/2017, 13916/2017 (stay) & 13917/2017 (condonation of delay) There is a delay of 241 days in filing of the appeal. The reason for delay provided in the application is that the relevant file had been misplaced in the office of the appellant. For an organisation of the appellant's size if that was so, it is unfortunate. The appellant would have a legal department and a number of lawyers to assist it regarding its cases under litigation. It cannot be that pending cases are monitored only on the basis of each file. There must be a Master List of pending cases and decisions to be implemented in each case. If the case file had been misplaced then a fresh set of the entire case file could have been easily procured from the Tribunal concerned. There is no reason for condonation of delay, let alone a sufficient reason. In the circumstances, the application is dismissed.

Consequently, the appeal and other application too are dismissed.

NAJMI WAZIRI, J APRIL 17, 2017/acm