IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 51 of 2008 Chandi Prasad Sharma Aged about 76 years S/o late Rudri Dutt Sharma R/o Village Hathi Khal, Post Office-Arjunpur, Moti Nagar Haldwani, District Nainital .……… Appellant. Versus Uttar Pradesh State Electricity Board and others ……… Respondents Mr. Subhash Upadhyaya, Advocate for the appellant. Mr. B.D. Upadhyaya, Advocate for the respondents. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) After hearing the learned counsel for the appellant and upon the perusal of the impugned judgment dated 17.03.2008, we totally agree with the view of the learned Single Judge that because the subject matter of the appeal and the writ petition fell within the jurisdiction of the Tribunal the appellant has alternative and efficacious remedy. The appeal is dismissed in limine. Since the matter is now very very old we do wish to observe and direct that if the appellant approaches the Tribunal by filing the claim petition within two weeks from today accompanied by a delay condonation application, the Tribunal shall pass orders upon that application by keeping in mind the fact that the pendency of the writ petition in this Court during all these years should be considered as a good enough ground warranting the condonation of the delay. Apart from the aforesaid aspect we also direct the Tribunal to ensure that the claim petition is taken on priority basis and disposed of very very expeditiously. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 22.04.2008 22.04.2008 LSR/Shiv