Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 1282 of 2020 Appellant :- Director, Employee State Insurance Scheme And 2 Others Respondent :- Ashok Kumar Shukla Counsel for Appellant :- Rakesh Kumar Shukla
Hon'ble Sanjay Yadav,J. Hon'ble Siddharth,J.
Challenge is to an order dated 09.12.1997 passed in Civil Misc. Writ Petition No.29833 of 1992 whereby learned Single Judge disposed of the petition with the direction that the interim order dated 01.08.1992 is made absolute. Evidently there is delay of 8370 days. Condonation whereof being sought vide Civil Misc. Delay Condonation Application No.1 of 2020 and while attributing the delay to the petitioner of allegedly not informing present Appellant about the final disposal. However, it is borne out from the pleadings that the appellants woke up from deep slumber only in the year 2018 when the impugned order had already attained finality. We are not impressed with the reasons assigned in paragraphs 5 to 12 which relates to the procedural aspect which apparently is undertaken after 2018. There is, however, no plausible explanation from 1997 to 2018. In view thereof, we are not convinced with the reasons assigned for condonation of 8370 days.
Consequently, application for condonation of delay fails and is dismissed. As a necessary corollary, the Special Appeal stands dismissed being barred by time.
No costs.
Order Date :- 8.1.2021 SS (Siddharth,J.) (Sanjay Yadav,J.)