Order

Sh. M.N. Mishra, learned counsel for the applicant and Sh. J.S. Aswal, learned counsel for respondent No. 2 are present.  None is present on behalf of respondent No. 1.

Heard.

This is delay condonation application filed by the applicant to condone the delay of 127 days’ in filing the appeal.

Reasons have been depicted in the affidavit, filed in support of delay condonation application, by the applicant that the copy of the judgment dated 09.07.2010 passed by the District Forum, Haridwar was applied on 14.07.2010, which was received on 21.07.2010 and sent by the defending counsel to Haridwar Divisional Office on 21.07.2010, wrongly typed 21.04.2010, with his legal opinion and the same was received on 22.07.2010. Thereafter, the judgment was sent on 04.10.2010 to Delhi Divisional Office for certain information, which was replied by them vide letter dated 15.10.2010 and received at Haridwar on 20.10.2010. The Divisional Office of Haridwar sent the complete case file to Dehradun Regional Office, which was received on 29.10.2010.  Thereafter examining the matter in detail by Dehradun Regional Office, the file was sent to the Divisional Office, Dehradun on 03.12.2010, which was received on 07.12.2010 and counsel was deputed on 13.12.2010 and the appeal was filed on 20.12.2010.

To correct the mistake of the date, another affidavit of Sh. S.P. Sharma, Divisional Manager was also filed. 

We have heard learned counsel for the applicant and respondent No. 2.

By perusal of the affidavit filed alongwith the delay condonation application, we are of the view that the delay of 127 days’ has not been explained sufficiently.

The file was returned by the office of the applicant company and retained unnecessary and there is a callous delay in filing the appeal, therefore, we are not inclined to condone the delay in fling the appeal.

Accordingly, the delay condonation application is rejected, consequently the appeal stands dismissed.