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Jagwinder Singh v. Union Bank of India - FAO-1839-2004 [2006] RD-P&H 4649 (24 July 2006)

In the High Court of Punjab and Haryana at Chandigarh

FAO No.1839 of 2004

Date of decision:18-7-2006

Jagwinder Singh ..........Appellant


Union Bank of India ..........Respondent CORAM: Hon'ble Mr.Justice Vinod K.Sharma
Present: Mr.Somesh Gupta, Advocate, for the appellant.

Mr. J.C.Marwaha, Advocate, for the respondent.


CM No.1951-CII of 2006

For the reasons stated in the application for setting aside the order dated 18-11-2005 dismissing the appeal in default is allowed. The case is taken up for decision on merit.

C.M.No.6817-CII of 2004

This is an application under Section 5 of the Limitation Act for condoning the delay of 304 days in filing the appeal.

Counsel for the appellant contends that the appeal was not filed earlier as the appellant's father was working as Superintendent with the Railways and, therefore, he had a fear that in case any such appeal was filed, the services of his father were likely to be affected. The other contention raised by the learned Counsel for the petitioner is that the appellant on coming to know that the compensation has to be paid by the United India Assurance Co., has filed the present appeal with an application for condonation of delay. Nothing has been mentioned as to what was the source of his information, as to when he got this information and what was the basis thereof. It was FAO No.1839 of 2004 (O&M)

also not disclosed as to when he had received the compensation which was granted to him by the Tribunal. The application is totally vague and it does not disclose any reasonable explanation muchless any ground for condonation of delay. Accordingly, this application is dismissed.

Consequently, the appeal is also dismissed being time barred.

July 18 ,2006 (VINOD K.SHARMA)

'dls' JUDGE


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