- (1.) CM No. 10149-CI of 2009 in RFA No. 3818 of 2009 has been filed under Section 5 of the Limitation Act, for condonation of delay of 2494 days in late filing of the appeal on the ground that certified copy of the award dated 7.11.2001 passed by the Additional District Judge, Gurgaon, as also the brief of the case was misplaced by the clerk of the counsel of lower court, that RFA No. 366 of 2007 was admitted and pending before the High Court, that the applicants came to know about the above mentioned RFA and were not aware of the further remedy according to law, therefore had not filed appeal before the High Court earlier. Therefore, delay of 2494 days in filing the appeal was not intentional, but was bona fide. So, prayer has been made that the delay be condoned and appeal be heard on merits. The twin ground for condonation of delay, as set up by the applicants is of not being aware about the remedy available under the law, misplacing of the certified copy of award as well as brief of the case by the clerk of the counsel of lower court.
(2.) The application is devoid of any merit. On the one hand it is the stand of the applicants that brief of the case including award dated 7.11.2001 was misplaced by the clerk of counsel of the lower court and that they were not aware of the further remedy as per law, therefore did not file appeal before the High Court, yet on the other hand they have taken up the plea that RFA No. 366 of 2007 was admitted and was pending before the Hon'ble High Court. It is not believable that when applicants had gone to take copy of the award and the brief, no action was taken when it was learnt that the same had been misplaced. The said stand reflects that the applicants were aware of the passing of the award, therefore had gone to counsel for obtaining a copy of the same as well as the brief, obviously for taking further action as per law. Therefore in these circumstances, to say that the applicants were not aware about the further remedy according to law, is of no avail to the applicants for it was always open to the applicants to have obtained another copy of the award, either from the earlier counsel or from any other counsel. It is not even the case of the applicants that their counsel did not disclose about the outcome of the case and further that they were required to file an appeal. The delay in filing the appeal is of 2494 days.
(3.) Learned counsel for the State on 28.10.2014, while seeking some more time for filing reply to the application seeking condonation of delay, had brought it to the notice of the Court that RFA No. 747 of 2000 and other connected cases, arising out of the same notifications as were issued in the instant appeal, had already been dismissed vide order dated 23.4.2012.;