M/S Prem Narayan And Company And Another v. Vijay Kumar And Another

LPA No.1124 of 2019 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA No.1124 of 2019 (O&M) M/s Prem Narayan and Co and Anr.

....Petitioners

Versus

Vijay Kumar and Anr.

....Respondents Date of decision: 04.09.2019 CORAM: HON'BLE MR. JUSTICE RAJIV SHARMA HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. K.K Goel, Advocate for the appellants.

RAJIV SHARMA,J CM No.2491-LPA of 2019 In view of the grounds taken in the application, delay of 37 days in re-filing the appeal is condoned.

Criminal miscellaneous application is allowed. CM No.2492-LPA of 2019 In view of the grounds taken in the application, delay of 106 days in filing the appeal is condoned.

Criminal miscellaneous application is allowed. Main case This intra Court appeal is preferred under clause 10 of the Letter Patent Act challenging impugned order dated 22.10.2018 passed by this Court dismissing two applications i.e (i) seeking restoration of writ petition bearing CWP No.8913 of 2013, which was dismissed for non-prosecution on 09.7.2018 and (ii) condonation of delay and order dated 26.11.2018 dismissing the application seeking recalling of order dated 22.10.2018. MANOJ KUMAR 2019.09.04 15:07 I attest to the accuracy and integrity of this document

LPA No.1124 of 2019 (O&M) #2# Learned counsel for the appellants submits that he could not appear since he had met with an accident.

However, the fact of the matter is that learned counsel for the appellant had suffered the accident in the month of August 2018. In the wake of said fact, we are of the opinion that the cause espoused by the learned counsel lacks bonafide and does not constitute sufficient ground warranting any interference. Dismissed.

(RAJIV SHARMA) JUDGE (HARINDER SINGH SIDHU) JUDGE September 04, 2019 manoj Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2019.09.04 15:07 I attest to the accuracy and integrity of this document