Decided on April 06,2009

Revti Devi Respondents


ARUN KUMAR GOEL - (1.) THIS is an application for condonation of delay in filing the appeal by the appellant against the order dated 4.7.2007 passed by District Forum, Shimla, in Complaint No. 894/2002.
(2.) IT was not disputed at the time of hearing that copy of the order dated 4.7.2007 was supplied to the learned Counsel for the appellant on 13.7.2007 by the office of District Forum, Shimla. Thus the last date for filing appeal against the said order was 12.8.2007. Admittedly, appeal has been filed on 16.6.2008 after about more than 10 months from the date on which the appeal should have been filed.
(3.) AS per averments made in the application, after receipt of certified copy of the order passed by District Forum below, learned Counsel for the appellant supplied the same to the Area Manager (LPG), Indian Oil Corporation, Shimla, who sent the same to the Legal Cell of the appellant at Chandigarh for processing the case for filing the appeal. Thereafter according to vague assertions made in paragraph Nos. 3 and 4, it is pleaded that the copy of the order was got misplaced and was inadvertently tagged with some marketing file. In these circumstances, the appeal could not be filed within time. Further according to the appellant, its official recently came across the impugned order in the first week of June, 2008 and on its scrutiny it was found that local Branch of the appellant had been advised to prefer appeal against the said order but none had been filed. Thereafter another certified copy was obtained and appeal has been filed. From the narration of the above facts, it is evident that the appellant was aware in the first week of June, 2008 regarding non -filing of the appeal. In the ordinary course of filings, after the appellant having come to know in the first week of June, 2008 that appeal was not filed, and in fact it should have checked up with its Legal Cell at Chandigarh. To the contrary vaguely it is said that immediately it applied for copy of order and then filed the appeal. Even this plea is vague and will not serve any purpose. First and foremost it should have been pleaded that as to when the file was sent by Legal Cell to the Shimla Office and then what happened thereafter, there is not a single word said in the application. Even otherwise, as per its own showing, appellant had come to know in the first week of June, 2008 regarding non -filing of the appeal, appellant chose to sleep over the matter upto 13.6.2008 when it applied for the copy of the order on payment. It was provided on 16.6.2008 when appeal has been filed.;

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