RAJENDER KUMAR THAKUR Vs. BISHMA

JUDGEMENT

(1.) The applicant seeks condonation of delay of four years and eight months in filing the main appeal. The impugned judgment was passed by learned Civil Judge (Sr. Division) (I), Shimla, (Exercising the powers of the Commissioner under the Employees Compensation Act) (Commissioner in short) on 21/2/2017, whereby the claim petition preferred by respondents No.1 to 3 was allowed. The judgment has been questioned by the applicant by filing the main appeal on 7/1/2022. The reasons put forth in the application for condoning the delay are that the counsel for the applicant had not informed the applicant about decision of the petition. That the applicant was neither informed about disposal of the case nor about the judgment passed therein. It was only in the year 2021, when the order of attachment of his property was passed, that the applicant came to know about disposal of the claim case, whereafter, he took steps for preferring the appeal against the judgment dtd. 21/2/2017. In the aforesaid circumstances, the delay was occasioned in filing the main appeal. The delay was neither intentional nor willful, but because of the applicant's ignorance about the case having been disposed of by the learned Commissioner.

(2.) The application has been opposed by the non-applicants. The facts asserted by the applicant have been disputed by the non-applicants in the reply filed to the application.

(3.) The applicant has pleaded that he received a Court notice on 6/12/2021, directing him to appear in person before the Court. The Court notice pertained to the execution petition filed by the claimants seeking implementation of the order dtd. 21/2/2017. Considering the facts and circumstances in totality and also taking note of an absolutely unsustainable liability fastened upon the applicant under the impugned judgment, the grounds put forth seeking condonation of delay are taken as plausible circumstances and sufficient for condoning the delay as occurred in filing the main appeal. The applicant has not gained anything by not preferring the appeal within limitation. For the aforesaid reasons, the application for condonation of delay is allowed and disposed of accordingly.