FAO No.2673 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CM No.12988-CII of 2009 in FAO No.2673 of 2009 Date of decision:19.09.2011 Varinder Kumar ......Petitioner Versus Darbara Singh & ors. ......Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ashit Malik, Advocate, for the appellant, Mr.R.K.Bashamboo and Mr.Kamal Kant Verma, Advocates, Mr.L.M.Suri, Sr.Advocate with Mr.Neeraj Khanna, Advocate, Mr.Vinod Gupta, Advocate. ***** Jitendra Chauhan J. (Oral) CM No.12988-CII of 2009 Learned counsel for the appellant states that though there is no cogent ground in the appeal for avoiding the application for condoning the delay of 29 days in filing the appeal, and the same could not be filed within limitation as the appellant did not have the requisite statutory amount. The Learned Sr. Counsel for the Insurance Company has submitted that limitation starts on 31.10.2008 and the appeal could have been filed on or before 31.01.2009. He further FAO No.2673 of 2009 2 contends that the appellant does not disclose any ground in the appeal for condonation of delay in filing the appeal and that the delay in filing the appeal is both intentional and not bona fide, and therefore, deserves to be dismissed. Admittedly, there is no averment regarding the deposit of the statutory amount within limitation for filing this appeal and the same cannot be taken as a conspiral truth. Subsequently, the statutory amount stands deposited on 19.05.2010 on liberty given by this Court for filing the appeal. Delay of 29 days in filing the appeal is condoned. CM No.12988-CII of 2009 is allowed. FAO No.2673 of 2009 Arguments in the main appeal heard. Vide separate detailed judgment passed in FAO No.2731 of 2009 of even date, which shall be read as part of this order, this appeal fails and is dismissed. 19.09.2011 (JITENDRA CHAUHAN) sailesh JUDGE