Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 1453 - HC - Indian LawsCondonation of delay of 108 days in filing an appeal challenging the judgment - notice addressed to the petitioner no. 2 was returned unclaimed - HELD THAT:- It is now well settled that normally in the matter of condonation of delay, the Courts adopt a liberal approach. This is more so when the delay is of a short duration. It is well settled that no party stands to gain by approaching the Court late and there is no presumption that the delay in approaching the Court is intentional or deliberate. In the present case, it is found from the roznama of the proceedings that the last date in the proceedings was on 21.09.2013 and thereafter, no date was fixed for pronouncement of the judgment. The record further shows that the notice as required under Section 82(2) of the Act alongwith the copy of the award was served on the petitioners only on 03.03.2014 and the appeal came to be filed within a month thereof i.e. on 02.04.2014. The impugned order dated 18.12.2015 is hereby set aside - petition allowed.
|