Narender Kumar v. State Of Haryana & ANR

RFA No.2041 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

RFA No.2041 of 2016 (O&M) Date of Decision : 23.5.2016 Narender Kumar ......Appellant Vs.

State of Haryana and another ......Respondents ...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...

Present :

Mr. Adish Gupta, Advocate for the appellant.

...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J CM No.6256-C1 and 6255-C1 of 2016 in/and RFA No.2041 of 2016 Applicant seeks condonation of delay of 4785 days in filing the appeal and also seeks disposal of the appeal in terms of the order dated 7.1.2016 passed by this court in RFA No.3944 of 2002. Learned counsel for the applicants submits that the present appeal is squarely covered by the order dated 7.1.2016 passed by this court in RFA No.3944 of 2002 (Mam Chand and others Vs. State of Haryana and another).

Notice of motion.

On the asking of the court, Sh. Shivendra Swaroop, AAG, Haryana, accepts notice and after going through the record fairly states that the present case is covered by the order dated 7.1.2016 passed by this court in Mam Chand's case (supra).

GREESH SAHNI 2016.05.24 14:26 I attest to the accuracy and integrity of this document Chandigarh

RFA No.2041 of 2016 (O&M) After hearing learned counsel for the parties, application for condonation of delay is allowed for the reasons stated therein. Delay of 4785 days 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 (1) SCC (Civil) 242, the applicants-appellants shall not be entitled for interest for this period of 4785 days in filing the appeal.

In view of the above said undisputed fact situation obtaining in the present case, instant appeal is ordered to be disposed of in terms of the order dated 7.1.2016 passed by this court in RFA No.3944 of 2002 (Mam Chand and others Vs. State of Haryana and another). Disposed of, accordingly.

23.5.2016 (RAMESHWAR SINGH MALIK) GS JUDGE GREESH SAHNI 2016.05.24 14:26 I attest to the accuracy and integrity of this document Chandigarh