Court No. - 27 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 519 of 2010 Petitioner :- Balak Ram S/O Late Gherau Respondent :- Mohd. Anvarul Haq S/O Mohd. Israel Petitioner Counsel :- Sumayya Kidwai,D.S. Yadav Hon'ble Devi Prasad Singh,J.
Hon’ble Anil Kumar,J.
(C.M. Application No.43130 of 2010)
This is an application for condonation of delay in filing present appeal.
The award is dated 8.2.2006 which is ex parte. The appellant filed an
application under Order IX Rule 13 CPC on 8.3.2006, i.e. almost in a month.
The application was rejected in default on 27.4.2009. Thereafter, recall
application was moved which was rejected on 17.4.2010. After dismissal of
the recall application, the appellant has preferred the present appeal filed in
this Court on 22.4.2010.
The sequence of events shows that the appellant was continuously engaged in
invoking statutory provisions for recall of the impugned award. Delay caused
seems to be reasonably explained. Cause shown seems to be sufficient.
The delay is condoned. The appeal is taken on merit.
Admit.
Mr. D.S. Yadav appears for the respondent No.1. Issue notice to the
respondents No. 2 and 3. Let the record be summoned.
Recovery proceedings to the extent relating to the appellant, who according to
the appellant’s counsel, is Driver, shall remain stayed.
Order Date :- 6.8.2010
kkb/