B.Prabhakara Rao v. M/S.Bajaj Allianz General Insurance Company Limited And 2 ORS

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD MACMAMP No.2986 OF 2017 AND M.A.C.M.A.No. 1617 of 2017 COMMON JUDGMENT:

Though learned counsel for the appellant submitted that he has given details of condoning the delay of 422 days in filing the appeal, no such day to day delay or any cogent reasons have been stated.

Respondents filed counter vehemently opposing for condoning the inordinate delay and relied on judgment of the Apex Court in Estate Officer, Haryana Urban Development Authority and another v Gopi Chand Atreja1 that the inordinate delay and unexplained delay cannot be condoned and that the reasons mentioned in the affidavit filed by the petitioner does not sustain Section 5 of the Limitation Act.

As there are no proper reasons explaining the inordinate delay and in view of decision of the Apex Court in Gopichand Atreja's case referred supra, the condone delay application is dismissed and accordingly, MACMA is closed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this appeal shall stand closed.

__________________________ T. AMARNATH GOUD, J 19.07.2019 kvrm 1 AIR 2019 SC 1423