FAO No. 1779 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1779 of 2010 (O&M) Date of decision: 06.04.2010 Onkar Transport Company Patiala ....Appellant Versus Smt. Rajwanti and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: -Mr. Anmol Rattan Sidhu, Sr. Advocate, with Mr. Nandan Jindal, Advocate, for the appellant. VINOD K. SHARMA, J.(ORAL) CM No. 8787-CII of 2010 This application under Section 5 of the Limitation Act, has been moved for condoning the delay of 9 years 9 months and 30 days in filing the appeal. The delay itself shows that how the claimants have been harassed and made to run around to execute the award passed on 29.2.2000. The claimant/respondents filed a claim petition seeking compensation on account of death in a motor vehicular accident. The applicant-appellant was impleaded as one of the parties, who appeared in the Court, and after filing the written statement, chose not to appear and was proceeded against ex parte on 25.8.1999. It was thereafter that award was passed on 29.2.2000. After coming to know about the ex parte order, the applicant- appellant moved an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte award, which was dismissed in the year 2002. FAO No. 1779 of 2010 (O&M) -2- Thereafter, the applicant-appellant filed a revision petition to challenge the order passed by the learned Tribunal dismissing the application moved under Order 9 Rule 13 of the Code of Civil Procedure, which was dismissed in the year 2005 being not maintainable. This appeal has been thereafter filed on 25.3.2010 by pleading therein that it was only in January, 2010 that the applicant- appellant came to know about the passing of the award. The averments made in the application show that the applicant-appellant has been most negligent in conducting the case. No cause much less sufficient cause is shown for condoning of delay. Even if the pleadings, supported by an affidavit, are accepted on its face value, still no explanation is forthcoming as to what steps were taken from January, 2010 till March, 2010 i.e. almost for three months. It cannot be said that the applicant-appellant had no knowledge of the award passed, as admittedly it had moved an application for setting aside ex parte order as far back as in the year 2002. No ground for condonation of delay of 9 years 9 months and 30 days in filing the appeal is made out. Dismissed. FAO No. 1779 of 2010 (O&M) Dismissed as time barred. (Vinod K. Sharma) Judge April 06, 2010 R.S.