Punam Kaul v. Union of India & Anr

ORDER %

09.10.2012 CM No.10312/2012 (u/S 5 of Limitation Act, 1963) To explain delay of 720 days' in filing the accompanying appeal, applicant/ appellant relies upon certificate of employment of her husband, which indicates that husband of applicant alongwith applicantandher familywere stationedat Banglorefrom 1^^ May, 2008 till 31^'January,2012. The reasonfor not contactingtheircounsel,who had represented the applicant before the Reference Court, is that the said counsel had expired in the year 2010 and applicant, who is stated to be a senior citizen and a house wife, could not contact the associate counsel. Notice. Mr. Sanjay Kumar Pathak, Advocate, accepts notice of the application. Upon hearing and on perusal of the application and documents LA.APPNo.158/2012 Page 1 /T filed in support thereof, I find that appHcant/appellant has been certainly negligent in preferring the accompanying appeal, but the negligence is not gross one and so delay can be condoned on terms. : Accordingly, this application is allowed and delay of 720 days' j in filing the accompanyingappeal is condoned,while makingit clear | that, in the event of applicant/ appellant succeeding in appeal, she will not be entitled to interest for the period of delay. This application is allowed in aforesaid terms. LA.APP. 158/2012 Counsel for appellant states that fate of this appeal is governed by decision of this Court in 'Ranbir Sharma Vs. Union of India and Anr. 2012(187) DLT781. Upon Notice, Mr. Sanjay Kumar Pathak, Advocate for respondent-UOI, does not dispute it. After hearing counsel for the parties, it transpires that in view of decision of this Court in Ranbir Sharma (supra), impugned judgment is unsustainable and hence, this appeal is disposed of in terms of decision in Ranbir Sharma (supra) with proportionate costs, while denying interest for period of delay of 720 days. OCTOBER 09, 2012 rs (SUNIL GAUR) JUDGE LA.APPNo.158/2012 Page 2

w ^ *IN THE HIGH COURT OF DELHI AT NEW DELHI I + LA.APP. 158/2012 PUNAM KAUL Appellant Through: Mr. S.K. Rout & Mr. Virender Kumar, Advocates versus UNION OF INDIA & ANR. Respondents Through: Mr. Sanjay Kumar Pathak, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR