FAO No. 483 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 483 of 2010 (O&M) Date of decision: 03.03.2010 State of Haryana and another ....Appellants Versus Ajit Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Deepak Girhotra, Asst. A.G., Haryana. ***** VINOD K. SHARMA, J (ORAL) CM No. 2835-CII of 2010 This application under Section 5 of the Limitation Act has been moved for condoning the delay of 35 days in filing the appeal. It has been averred in the application, that two claim cases one by Nagender Singh and other by Ajit Singh were filed, seeking compensation on account of motor vehicular accident. The claim petitions were consolidated and a joint award was passed. It is the case of the applicant-appellant that the certified copy of the award was filed with FAO No.298 of 2010 titled State of Haryana Vs. Nagenderpal @ Nagender and, therefore, the delay of 35 days has occurred in getting the certified copy of the award and filing this appeal. The ground taken makes out a sufficient cause for condoning the delay of 35 days in filing the appeal, as the delay is unintentional and beyond the control of the applicant-appellant. The CM is accordingly allowed and the delay of 35 days in FAO No. 483 of 2010 (O&M) -2- filing the appeal is condoned. FAO No. 483 of 2010 In view of the decision of this Court in FAO No.298 of 2010 titled State of Haryana Vs. Nagenderpal @ Nagender decided on 25.1.2010, there is no merit in this appeal, which is ordered to be dismissed in limine. (Vinod K. Sharma) Judge March 03, 2010 R.S.