CM No.8095-C of 2006 in RSA No.3306 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.8095-C of 2006 in RSA No.3306 of 2006 Decided on : 27.10.2009 Baljeet Singh Bhuller ... Appellant versus Punjab State Civil Supplies Corp. Ltd., Chd. & another ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. H.C.Arora, Advocate for the appellant. Ms. Deepali Puri, Advocate for respondents. **** 1.Whether Reporters of local newspapers may be allowed to see the judgment? 2.To be referred to the reporters or not? 3.Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) CM No.8095-C of 2006 This is an application for condoning delay of 7 years & 11 months in filing the appeal on the ground that now a judgment had come whereby it was held that the respondent- Corporation could not file a suit for recovery against the appellant unless there is a finding of misappropriation on his part. However, it is not disputed that even against the execution proceedings filed by the respondent, the applicant had filed civil revision petition No.1815 of 2006, which was dismissed on 30.03.2006. It also deserves to be mentioned here that the CM No.8095-C of 2006 in RSA No.3306 of 2006 -2- judgment of the Hon'ble Supreme Court on which reliance is sought to be placed was delivered on 24.02.2006 (and reported in April, 2006) while the present application was filed about six months thereafter. Aside from this solitary fact, no reason has been mentioned as to why the appeal was not filed within requisite time. The question in an application under Section 5 is whether there was sufficient cause which prevented the applicant from filing the appeal. Learned counsel was not in a position to deny that had the appeal been filed within limitation, the plea now sought to be raised would not have been available. Thus, inaction and delay of the appellant cannot be held to work to his advantage. Consequently, this application is dismissed. No costs. October 26, 2009 (AJAY TEWARI) sonia JUDGE