Punjab-Haryana High Court
Haryana Vidyut Parsaran Limited And ... vs Shri Shish Ram And Others on 2 December, 2013
R.S.A. No. 3721 of 2013 1
..
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.S.A. No. 3721 of 2013 [O&M].
Date of Decision: December 2nd, 2013
Haryana Vidyut Parsaran Limited and others
.... Appellants
Versus
Shri Shish Ram and others
.... Respondents
CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
Present Mr. Pardeep Singh Poonia, Advocate,
for the appellants.
VIJENDER SINGH MALIK, J.
This is defendants' regular second appeal against the judgments and decrees dated 27.3.2010 and 22.2.2013. Vide judgment dated 27.3.2010, learned Additional Civil Judge [Senior Division], Narnaul decreed the suit of respondents-plaintiffs, Sish Ram and others for declaration to the effect that they are entitled to regularization of their services with effect from 10.8.1988 and they are further entitled to receive all the benefits as regular employees. The appeal of the appellants before learned Additional District Judge, Narnaul failed vide judgment and decree dated 22.2.2013.
Alongwith the grounds of appeal, the appellants have filed an application for condonation of delay of 115 days in filing the present Prakash Som 2013.12.06 10:57 I attest to the accuracy and integrity of this document R.S.A. No. 3721 of 2013 2 ..
appeal. The claim set up in the application by the appellants is as under:-
Certified copy of the impugned judgment and decree dated 22.2.2013 passed by learned Additional District Judge, Narnaul had been received on 5.3.2013. Thereafter, office of Legal Remembrancer [L.R.], Haryana Power Utilities at Panchkula was approached on 15.3.2013 seeking legal advice in the matter. Reminders were sent to the office of L.R. on 22.5.2013 and 7.6.2013. The legal advice from the office of L.R. dated 15.7.2013 had been received on 24.7.2013 and it was decided to file an appeal before this court for which an advocate was engaged on 1.8.2013. Office of the advocate, engaged to file this appeal, sought some information and documents on 10.8.2013 which were collected and submitted to his office on 20.8.2013. It is for this reason that filing of the appeal became delayed. Delay is claimed to be due to bonafide reasons. It is denied that there was any mala fide intention on the part of the appellants in delaying the filing of the appeal. Therefore, condonation of delay is sought.
Learned counsel for the appellants has made submissions on the lines of the averments made in the application. He has submitted that the delay is for a short duration and it should be condoned.
It is a case where there is no explanation as to what the office of L.R. was doing between 15.03.2013 to 15.07.2013. The period of four months was spent by the office of L.R. in giving the legal advice and it cannot be said that the period of four months is normally taken by an office to give legal advice. I am fortified in my view in this regard by the very fact that the appellants had sent two reminders to the office of L.R. Prakash Som 2013.12.06 10:57 I attest to the accuracy and integrity of this document R.S.A. No. 3721 of 2013 3 ..
Sending of reminders itself show that undue time was being taken by the office in doing the needful and for this reason, the delay at the office of L.R. has to be explained, which has not been done in this case. In the absence of explanation for the delay, the delay which is though not inordinate, can not be condoned.
In these circumstances, I do not find sufficient cause for condonation of delay of 115 days in bringing this appeal. Consequently, the application for condonation of delay is dismissed.
Since application seeking condonation of delay in filing the appeal has been dismissed, R.S.A. No.3721 of 2013 becomes time barred and is dismissed in limine.
(VIJENDER SINGH MALIK)
JUDGE
December 2nd, 2013
som
Prakash Som
2013.12.06 10:57
I attest to the accuracy and
integrity of this document