R.F.A. No. 607 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No. 607 of 2010 (O&M) Date of Decision: 14.5.2010. Union of India and another ....Appellants Versus Chain Singh and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Rajiv Sharma, Advocate for the appellants. RAJESH BINDAL, J On May 3, 2010 while dismissing the application filed by the applicants-appellants seeking exemption from filing certified copy of the impugned judgment of the learned Court below, the following order was passed and the matter was adjourned for today: “Prayer in the application is for grant of exemption from filing the main order as well as certified copy of the short order which has been impugned in the appeal. It has been mentioned in para-2 of the application that certified copy of short order has been applied for but the same has not been supplied to the applicants-appellants and the application was filed seeking exemption from filing the certified copies thereof. The application is dated December 22, 2007. The impugned order is dated August 6, 2007. The appeal was filed in this Court on December 22, 2007 for the first time. Thereafter it was returned on a number of times and finally filed along with the application seeking condonation of delay of 685 days in refiling the appeal. There is another application seeking condonation of delay of 48 days in filing the appeal as well. On February 26, 2010, when the matter was taken up, this Court passed the following order regarding the aforesaid application. “Prayer in the application is for grant of exemption from filing short order as well as certified copy of the impugned order and permission to place on record true copy of the impugned award. It has been mentioned in Para-2 of the application that certified copy of the short order has been applied for, however, the same has not been supplied. The R.F.A. No. 607 of 2010 -2- application is totally lacking in particulars as to when the certified copy was applied. The appeal was filed on December 22, 2007 impugning the award of learned Court below dated August 6, 2007 with an application seeking condonation of delay of 48 days in filing the appeal. Along with the appeal even an application seeking condonation of 685 days in refiling the appeal has also been filed. Learned counsel for applicants seeks time to furnish particulars as to when the copy of the award was applied for in the Court below.” Today learned counsel for the applicants- appellants submitted that infact certified copy of the impugned short order or the impugned judgment had not been applied and the statement of fact mentioned in the application was not correct. Today C.M. No. 5809-CI of 2010 has been filed seeking permission to place on record certified copy of the short order passed by the learned Court below on August 6, 2007. It has been mentioned in para-2 of the application that the aforesaid order was applied on April 20, 2010 and was delivered on April 27, 2010. In view of the aforesaid fact, C.M. No. 1114-CI of 2010 seeking exemption from filing certified copies of the short order as well as the main award is dismissed as misconceived containing incorrect facts. In the absence of certified copy of impugned award on record the appeal cannot be said to be duly constituted.” Even today certified copy of the impugned judgment has not been produced. In fact as is evident from the order passed above, the same was never applied and a wrong averment has been made in the application filed along with appeal. In the absence of certified copy of the impugned judgment, the appeal cannot be said to be duly constituted. Accordingly, the same is dismissed. Consequently, the applications filed for condonation of delay in filing and refiling of the appeal are also dismissed. (RAJESH BINDAL) 14.5.2010. JUDGE Reema