HARISH TEKCHANDANI Vs. R M BHANDARI

JUDGEMENT

(1.) IN this appeal challenge is to an award of Rs. 35,000 and some interest. Along with the appeal the appellanthas also filed an application for condonation of 177 days delay.

(2.) IN the application for condonation, the applicant says that he received the order passed on 30.9.2008 on 17.11.2008 i.e. after 48 days of passing the order. This is not correct. The order was actually passed on 26.9.2008, and was dispatched to the OP appellants from the District Forum on 30.9.2008 by registered post, and the same must have reached in normal course within a week. Even if accept this delayed delivery, the appellant did not file the appeal within 30 days from the said date, he filed appeal on 30.7.2009 i.e. 231 days thereafter. It has also to be taken into account that the appellant had contested the case before District Forum.

(3.) AS will appear from the application for condonation of delay, the cause for delay as given is two fold: