V V r 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 224/2011 UNION OF INDIA Appellant Through: Ms. Deepika, Advocate versus GUDSHYAM & ANR ...:. Respondents Through: None CORAM: HON'BLE MR. JUSTICE P.K. BHASIN ORDER % 27.04.2011 CM APPL. 8121/2011 This is an applicationfiled by the appellant-UOI seeking condonationof delay of 251 days in the filing of the present appeal. Judgment under challenge was passed by the learned Reference Court on 15"^ May, 2010. The impugnedorder shows that it was a contestedcase. In para no. 2 of the present application the justification for not filing of the appeal within the period of limitation has been given and this para is reproduced below:- "That the judgment was passed on 15.05.2010 by the Hon'ble Court of Sh. Ashwani Sarpal, ADJ with the direction that copy of order be sent to the appellant for compliance, but inadvertently said copies were not received by the appellant. Thereafter when in similar matters, execution were filed, it was revealed that there were as many as 17 cases in which the appeals were not filed inadvertently. Thereafter soon steps were taken and certified copy of orders were applied after finding Goswara numbers of all the above decided cases and certified copies were received on 27.01.2011." In my view on these averments no cause whatsoever, much less a sufficient cause, is made out for condoning the delay in the filing of the appeal. The appellant did not even bother to find out the fate of the Reference which it LA.APP. 224/2011 Page 1 of 2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified a "T 1- had seriouslycontested. It is clearlya case of gross negligenceand it is not even being claimedthat any action was taken againstthe defaultingofficial(s). So, I am not inclinedto condonethe delayand this applicationis dismissed. LA.APP. 224/2011 As a result of the dismissalof the appellant's applicationfor condonation ofdelayinfilingofthe appealthis appealis dismissedbeingtime ban-ed. P.K. BHASm,J APRIL 27, 2011/pg LA.APP. 224/2011 Page 2 of 2