BHARTI FILLING STATION Vs. RAJEEV KUMAR

JUDGEMENT

(1.) The present application has been filed for condonation of 01 year, 11 months and 05 days' delay in filing the appeal. It has been asserted that the applicant was suffering from cancer and was under treatment. He filed Cr.MMO No. 890 of 2023, but it was withdrawn. The applicant approached another counsel who has filed the present application. The delay in filing the appeal is not willful but due to the circumstances beyond the applicant's control. Hence, it was prayed that the present application be allowed and the delay in filing the appeal be condoned.

(2.) The application is opposed by filing a reply taking preliminary objections regarding the lack of maintainability, and the applicant having not approached the Court with clean hands. It was asserted that the application had been filed to harass the respondent. The long delay in filing the appeal has not been explained. The applicant failed to pursue the complaint from October, 2018 till its dismissal on 1/7/2022. The applicant had no sufficient cause for condonation of the delay. Hence, it was prayed that the present application be dismissed.

(3.) I have heard Mr Naveen K. Dass, learned counsel for the applicant and Mr Naveen Awasthi, learned counsel for the respondent.