Ram Pyari vs. Balbir Singh CMP(M) No. 795 of 2025 02.06.2025 Present: Mr. Varun Rana, Advocate for the applicant-appellant. CMP No. 11886 of 2025 This application has been filed for condonation of delay in re-filing the appeal. It has been submitted by learned counsel for applicant that award, impugned in appeal, was passed on 7.8.2023. Application for certified copy of said Award was filed on 8.4.2023 which was attested on 9.4.2023 and received on 10.4.2023. It has been further submitted that after deducting the period of obtaining the certified copy after passing of award, limitation period for filing the appeal has to expire on 6.11.2023. It is further stated that applicant had approached the counsel well in time and accordingly, appeal for assailing the award was prepared on 6.11.2023 and was filed in the Registry on 7.11.2023. It has been further submitted by learned counsel for applicant that his Officer Clerk/Munshi committed the mistake and instead of filing the certified copy of Award along with appeal has annexed the photocopy thereof and certified copy of Award was kept in the Office file. It is further claimed by learned counsel for applicant that for not filing the certified copy of award along with appeal, the objection was raised by Registry on 17.11.2023. After receiving the file from Registry for removing the objections, the objections were not removed by Office Clerk/Munshi or the Advocate himself and in the meanwhile, office file of counsel, wherein certified copy of award was lying, was misplaced by the Office Clerk of the Advocate and appeal along with objections remained pending for removing the objections and later on, on 8.4.2025, the appeal along with objections was traced by the Office Clerk in the Office which was misplaced by him, which resulted in delay in removal of objections and in such circumstances, applicant/appellant was asked to obtain certified copy of Award afresh. Applicant/appellant contacted the counsel representing him before the MACT who informed the appellant that he was having another certified copy of Award obtained in month of July/August, 2024 at the time of filing the application for release of amount of compensation and in these circumstances, present appeal was re-filed along with fresh certified copy of Award in the month of July/August, 2024. It has been submitted that there is no lapse on the part of applicant/appellant as evident from the photocopy of Award filed by Officer Clerk at the time of first filing of appeal, which has been kept in Par-B of the record whereupon stamp of filing had been affixed indicating the date of filing of appeal as 7th November, 2023. It is further submitted by counsel that his Office Clerk/Munshi was found to have committed such mistakes in a large number of cases, which resulted ouster of Munshi from the Office and his services have been terminated. The application is duly supported by applicant as well as learned counsel Mr. Varun Rana, Advocate. In aforesaid circumstances, the version put-forth by counsel appears to be genuine. Therefore, delay in re-filing the appeal is condoned. Application is disposed of. CMP(M) No. 795 of 2025 Notice to the respondents, returnable on next date, on taking steps within one week, be issued. List on 25th August, 2025. June 02, 2025 (Vivek Singh Thakur) (ms) Judge