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2025 DAILYLAW 74532 (PNJ)

UNION TERRITORY OF CHANDIGARH v. GOVINDA AND ANOTHER

CRM-A/1213/2024 · 2025-03-10

Deepak Sibal, Harpreet Kaur Jeewan

body2025

Judgment text

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CRM-36129-2024 IN/AND -1- CRM-A-1213-2024 260 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-36129-2024 IN/AND CRM-A-1213-2024 DATE OF DECISION: 10.03.2025 UNION TERRITORY OF CHANDIGARH ......APPELLANT Vs. GOVINDA AND ANOTHER .........RESPONDENTS CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Dushyant Rana, Advocate for Mr. Sumit Jain, Addl.P.P., for U.T., Chandigarh, for the applicant-appellant. ***** DEEPAK SIBAL, J. (ORAL) 1. There is an inordinate delay of 548 days in filing the accompanying appeal. The only explanation offered by U.T., of Chandigarh for condonation of the said delay reads as under:- xxxx xxxx xxxx xxxx “3 .That after passing of the order dated 03.09.2022, the same was applied and was received and thereafter was supplied to the concerned department. Thereafter, the Department after seeking legal opinion decided to file the present appeal. It is further submitted that thereafter, the whole documents and the file from the records were collected and now filing the present appeal before this Hon’ble Court. In this process a delay of 540 days in filing the appeal has occurred, which is neither intentional nor wilful, rather bona fide one.” xxxx xxxx xxxx xxxx Nitin 2025.04.04 11:43 I attest to the accuracy and integrity of this document CRM-36129-2024 IN/AND -2- CRM-A-1213-2024 2. As per the afore-quoted paragraph No. 3 of the application, the explanation offered for condoning the inordinate delay of 548 days in filing of the appeal is found to be vague. U.T. of Chandigarh has miserably failed to explain the delay in filing of the appeal. Therefore, the application seeking condonation of delay is dismissed. Consequently, the application seeking leave to appeal also meets the same fate. (DEEPAK SIBAL) JUDGE March 10, 2025 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes/No Whether Reportable Yes/No Nitin 2025.04.04 11:43 I attest to the accuracy and integrity of this document