NEW INDIA ASSURANCE COMPANY LTD Vs. PINKI

JUDGEMENT

(1.) This application under Section 5 of the Limitation Act has been moved for condoning the delay of 127 days in filing the appeal.

(2.) Reasons given for condoning the delay of 127 days read as under:

(3.) Reading of the averments made above shows, that even though filing of appeal was recommended on 11.3.2010, the file was kept pending by the dealing hand. It is not disclosed as to why the file was kept by the dealing hand for such a long period, nor any affidavit is forthcoming from Mohan Panwar, explaining the reasons for withholding the file for such a long period, even though he was the person dealing with matter, in filing of appeal, and was well versed with the provisions of law of limitation. Explanation submitted, therefore, cannot be said to constitute sufficient cause for condoning the delay of 127 days in filing the present appeal.