THE EAST CENTRAL RAILWAY Vs. PALLE CHANDRASHEKHAR REDDY

JUDGEMENT

(1.) I.A. No. 5074 of 2016 The application is for condonation of delay of 206 days in filing of appeal against the order passed by the learned single Bench on 9th of September, 2015. The applicant has asserted that certified copy of the impugned order was obtained on 12th of September, 2015 and was sent to Railways, but thereafter the Railways have taken legal opinion from its legal Section and after examining the opinion and sanction from the higher authorities, the appellant has decided to institute the present appeal. It is also pointed out that the appellant has impersonal existence and decision has to be taken at different levels-horizontal and vertical. Consideration at different levels has taken quite some time and that has resulted in delay in filing of the present Letters Patent Appeal.

(2.) In the counter affidavit filed, it is asserted that the affidavit is false as the appellant has not applied for the certified copy of the order dated 9th of September, 2015 nor any copy was supplied on 12th of September, 2015. In fact, the certified copy was applied for in August, 2016. Therefore, the assertions made by the appellant seeking condonation delay are incorrect. It is also pointed out that the appeal was filed after the writ applicant filed contempt application. In contempt application, the appellant has taken time, but when faced with contempt, the present appeal has been filed.

(3.) Learned counsel for the writ applicant further points out that the application for condonation of delay was filed on 16th of July, 2016. Therefore, in terms of Order-XLI, Rule-(3A ) of the Code of Civil Procedure, the appeal will be deemed to be presented when the application for condonation of delay was filed.