ORAL     

        A/1690/2016

         Rajaram V/s Executive Engineer, Poorvanchal Vidyut Vitran Nigam Ltd.             

                   24-05-2018

None appeared for the parties.

None appeared for appellant to press delay condonation application. Perusal of record shows that on 07-04-2017 and 01-12-2017 also none appeared for appellant to press delay condonation application. Today also none appeared for appellant to press delay condonation application.

The impugned judgment and order is dated 26-11-2014. The appeal has been filed on 30-08-2016. In application moved for condoning delay of appeal it has been stated on behalf of appellant that after having received copy of impugned judgment on 02-03-2016 he has handed over papers to his Counsel for filing appeal which were lost by the learned Counsel. Thereafter on 24-07-2016 he has received second certified copy of impugned judgment and order and filed appeal. Neither in delay condonation application; nor in affidavit filed in support of delay condonation application appellant has disclosed the name of Counsel to whom he has handed over papers for filing appeal and papers have been lost by him. The ground alleged for delay in filing appeal is vague and is not sufficient to condone delay.

In view of above delay condonation application is rejected and appeal is dismissed as time barred. 

        President                              Member

                                                         MC

          Pnt.

          Court-1