Balwan And ORS v. State Of Haryana & ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CM No. 361-CI-2016 in/and RFA No. 161 of 2016 Date of decision: 28.5.2016 Shri Balwan and others .. Appellants Vs.
State of Haryana and others ... Respondents
CORAM:
HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK
Present:
Mr. Rohan Jain, Advocate for Mr. Sachin Mittal, Advocate for the appellants.
***** RAMESHWAR SINGH MALIK, J. (Oral) CM No. 361-CI-2016 Applicants seek condonation of delay of 1011 days in filing the appeal.
Learned counsel for the applicants submits that present appeal is squarely covered by the order dated 5.2.2016 passed by this Court in RFA No. 1853 of 2012 (Attar Singh Vs. State of Haryana and others). Notice of motion.
On the asking of the Court, Mr. Shivendra Swaroop, AAG, Haryana, accepts notice on behalf of respondents No.1 and 2. Mr. Pritam Singh Saini, Advocate, accepts notice on behalf of respondents No.3 and 4.
AMIT KUMAR 2016.05.30 09:43 I attest to the accuracy and authenticity of this document
Learned counsel for the respondents, after going through the record of the case, submit that present case is squarely covered by the order dated 5.2.2016 passed in Attar Singh's case (supra). After hearing learned counsel for the parties, instant application is allowed for the reasons stated therein. Delay of 1011 days in filing the appeal is condoned. However, in view of the law laid down by the Hon'ble Supreme Court in Imrat Lal and others Vs. Land Acquisition Collector and others, 2015 (2) RCR (civil) 437, the applicants-appellants shall not be entitled for interest for this delay of 1011 days. CM stands disposed of.
RFA No. 161 of 2016 In view of the abovesaid common stand taken by learned counsel for the parties, instant appeal is ordered to be disposed of in terms of the order dated 5.2.2016 passed in Attar Singh's case (supra). Disposed of, accordingly.
(RAMESHWAR SINGH MALIK) JUDGE 28.5.2016 AK Sharma AMIT KUMAR 2016.05.30 09:43 I attest to the accuracy and authenticity of this document