23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 218/2011 UNION OF INDIA Appellant Tlirough: Ms. Deepika,Advocate versus .lAI KUMAR & ANR Respondents Through: Ms. ShobhanaTakiar,Adv. for DDA/R-2 CORAM: HON'BLE MR. JUSTICE P.K. BHASIN ORDER % 27.04.2011 CM APPL. 8097/2011 This is an applicationfiled by the appellant-UOIseekingcondonationof delayof 548 days in the filingofthe presentappeal. Judgmentunder challengewas passedby the leai-nedReferenceCourt on 22"'' July, 2009. The impugnedorder shows that it was a contestedcase. In para no. 2 ofthe presentapplicationthe justificationfor not filingofthe appealwithin the periodoflimitationhas been givenand this paraisreproducedbelow:- "That the judgment was passed on 22.7.2009 by the Hon'ble Court of Sh. AshwaniSaipal, ADJ with the directionthat copy of order be sent to the appellant for compliance, but inadvertentlysaid copies were not received by the appellant. Thereafter when in similar matters, execution were filed, it was revealedthat there were as many as 17 cases in which the appeals were not filed inadvertently.Thereaftersoon 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 sufficientcause, is made out for condoningthe delay in the filing of the appeal. The appellantdid not evenbotherto find outthe fate ofthe Referencewhichit LA.APP. 218/2011 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 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. 218/2011 As a result of the dismissalof the appellant's applicationfor condonation ^ ofdelayin filingofthe appealthis appealis dismissedbeingtimebarred. P.K. BHASM, APRIL 27, 2011/pg LA.APP. 218/2011 Page 2 of 2