Indian Kanoon - Search engine for Indian Law

7) Without prejudice to the above, the para wise reply to the delay application is as under-

a) With respect to Para 1 of the application, the content of the same forms part of the record and therefore no specific reply is necessary.

b) With respect to Para 2 and 3 of the application, the content of the same are false and hence denied. Assuming without admitting that the sanction to prefer appeal was received by concerned officer on 26.02.2018 even otherwise the earlier appeal was filed on 19.07.2018. Thus, the conduct of the Applicant goes to show that the same is causal in nature and the Applicant was not serious in challenging the judgment dated 30.01.2018. Further, the present application is also liable to be rejected on the ground of laches. It is pertinent to note here that F/First Appeal No. 22383 of 2018 was preferred along with delay application praying for condonation of delay of 127 days. The said application came to be rejected by this Hon'ble Court vide order dated 31.01.2019 passed in Civil Application No. 1 in F/First Appeal No. 22838 of 2018 on the ground that the Applicant has failed to offer satisfactory explanation for the cause of delay. So far as status of earlier First Appeal is concerned, the same ought to have been shown as disposed off with the dismissal of civil application. It is only due to inadvertence the same is show as pending.