MAINUDDIN Vs. SUSHILA YASHWANT KAMBALE

JUDGEMENT

(1.) Heard on I.A.No.1/2021 for condonation of delay of 1928 days in filing the appeal. In support of the application, an affidavit is sworn to wherein it is stated that he was placed exparte and since he could not contest the matter on merits and the fact of judgment and award of the MACT was not in his knowledge and he only came to know about the same when he has received the notice in the execution proceedings and hence, he immediately approached the counsel. Hence, the present appeal is filed.

(2.) Per contra, the counsel for the claimants submits that notice was issued through RPAD and the same was returned with an endorsement 'the same was refused' and hence, placed exparte.

(3.) The counsel for the appellant also placed the copy of the order sheet before the Court wherein it discloses that notice was ordered through RPAD on 5/11/2013 against respondent Nos.1 and 2 and an endorsement was received that respondent No.2 refused the notice which was sent through RPAD. When such being the case, the counsel for the appellant cannot contend that he was not having the knowledge of the proceedings and also he was placed exparte and admittedly notice was issued in the execution proceedings and thereafter only he approached the Court and there is a delay of 1928 days in filing the appeal and in the affidavit nowhere stated that whether he has received the notice in MVC case or not and except making bald statement that he was placed exparte since he could not contest the matter on merits cannot be accepted and each day delay has not been explained and the judgment and award was passed in the year 2014 and the present appeal is filed in the year 2021. Hence, I do not find any ground to condone the delay of 1928 days when delay has not been explained satisfactorily by the appellant. Hence, I do not find any merit in the application to condone the delay of 1928 days in filing the appeal. Thus, I.A.No.1/2021 is rejected and consequently, the appeal is also dismissed.