AIR DECCAN Vs. V.K. SAREEN

JUDGEMENT

(1.) THIS appeal was filed with delay of 112 days. An application for condonation of delay was filed. It is pleaded in the application that the order in this case was passed by the learned District Forum on 10.7.2007. Free copy of the order was not received by the appellants. Even the learned Counsel for the appellants did not inform the appellants about the order passed in this case. The appellants came to know of the orders only when they received notice of execution proceedings. Then the appellants applied for certified copy of the order which was made available to them at Jalandhar on 25.10.2007. It was received by the appellants in Banglore on 30.10.2007 and accordingly, the appeal was filed on 30.11.2007. The application is supported by affidavit of General Manager (Legal) of the appellants.

(2.) SINCE the appellants had not received a copy of the impugned order dated 10.7.2007 from the Court, therefore, there are sufficient ground to condone the delay. This application is, accordingly, accepted and the delay of 112 days in filing the appeal is condoned. Main case

(3.) V .K.Sareen respondent was to attend a marriage in Banglore scheduled for August 3, 2006. He purchased the return air ticket from Delhi to Bangalore and back to travel by the aircraft of the appellants in Flight No. DN -661 which was to leave Delhi on 3.8.2006 at 6.10 a.m. The respondent received a call from the appellants that the flight would leave at 6.35 a.m. Accordingly, the respondent reached Delhi on 2.8.2006. His luggage was checked at the counter of the appellants and boarding pass was issued to him. The respondent passed through the security check and was seated in the Lounge till 6.30 a.m. However, there was no call for boarding in Flight No. DN -661.