CGA GOLF RANGE Vs. O P LONGIA

JUDGEMENT

(1.) Heard Mr. Pradeep Bedi, Advocate, learned Counsel for the appellant and perused the application and affidavit seeking condonation of delay of 49 days in filing the appeal. It has been contended by the learned Counsel for the appellant that the delay occurred due to the holding of the elections of the office bearers and since the appellant was busy regarding the holding of the elections, it could not pay any attention to the impugned order, which was received by the appellant in its office. It was after elections were over and office bearers took charge, the impugned order was placed before the Competent Authority and a decision was taken to file the appeal. In this process delay took place of 49 days. An affidavit has been filed by Shri Desh Deepak Khanna, Treasurer, CGA Golf Range, the appellant, which contains the averments made in the application. The receipt of the impugned order in the office of the appellant has been admitted. The appellant had sufficient time of 30 days of period of limitation to file an appeal but the appellant did not pay any attention to the matter regarding the filing of the appeal against the impugned order due to the holding of the elections of the office bearers. This ground cannot be held to be proper and sufficient. The reasons for delay are thus not at all sufficient. The appellant has not been vigilant in pursuing the matter so far as filing of the appeal is concerned and the delay has been sought to be explained at a ground which is totally flimsy.

(2.) Resultantly, the application seeking condonation of delay lacks merit and is dismissed. The appeal is dismissed as being barred by limitation. Since the appeal is being dismissed, the Bankers Cheque bearing No.21178 dated 15.5.2004 for a sum of Rs.5,000/- deposited at the time of filing the appeal, be refunded to the authorised representative of the appellant/counsel after retaining its photocopy on record. Copies of this order be sent to the parties free of costs.