IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Delay Condonation Application No. 2320 of 2009 In Appeal against Order No. 90 of 2009 Sri Richard Deinial and another . .……… Appellants Versus New Life Centre, 25 Cannaught Place, Dehradun and another ……… Respondents Hon’ble Tarun Agarwala, A.C.J. Mr. Lalit Sharma, Advocate for appellants. Mr. Kanwaljit Singh, Advocate for respondent No.1. Mr. V.K. Kohli, Senior Advocate assisted by Mr. Lok Pal Singh, Advocate for respondent No.2. There is a delay of 1556 days in moving this appeal u/s 173 of the Motor Vehicles Act. The explanation given by the appellants has been carved out in paragraph 4 of the affidavit accompanying the Section 5 application, namely, that there was a communication gap between the appellants and their Advocate. The respondents have filed their objections contending that the appellants were aware of the award passed by the Tribunal in as much as four claim petitions of the appellants were decided on the same date, i.e. on 18th September, 2004 out of which three claim petitions were decided in favour of the appellants and the 4th one was decided against them. It has also been stated that the compensation awarded in the said award in favour of the appellants were duly encashed. These averments have not been denied by the appellants in the rejoinder affidavit. Consequently, it is clear that the appellants were aware of the four awards being passed by the Motor Accidents Claim Tribunal. The contention that there was the communication gap between the appellants and their Advocates appears to be an afterthought. 2 Certain laxity cannot be granted to a litigant in approaching the Court belatedly but, in the present case, the Court finds that there is a delay of more than five years and plausible explanation has not been given by the appellants and, consequently, this Court does not find any cogent reason to condone this delay. In view of the aforesaid, the application u/s 5 of the Limitation Act is rejected as a result of which the appeal stands dismissed. (Tarun Agarwala, A.C.J.) 05.10.2009 Shiv/Bhaskar