CM No.12814-CII of 2009 in/and -1- FAO No.2647 of 2009 (O&M) ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.12814-CII of 2009 in/and FAO No.2647 of 2009 (O&M) Date of decision:18.11.2010. M/s Ganesh Rice Mills, Guruhar Sahai, Tehsil ...Appellant Jalandhar, District Ferozepur Versus The Punjab State Cooperative Supply and Marketing Fed. Ltd. and another ...Respondents CORAM: HON’B LE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Mrigank Sharma, Advocate, for the applicant/appellant. ***** RAKESH KUMAR JAIN, J. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 [for short “CPC”] for condonation of delay of 627 days in re-filing of the appeal. According to the averments made in the application, the appeal was filed on 22.05.2007, but it was returned on 23.06.2007 with certain objections. Besides objection No.1, other objections were with regard to the corrections in the memo of appeal. Objection No.1 was to file copy of the arbitral award dated 25.08.2003. It is alleged that Clerk of the counsel at Chandigarh immediately informed the applicant/appellant to do the needful about objection No.1, who instructed his Advocate Shri P.S.Sandhu at Ferozepur to apply certified copy of the arbitral award, but lateron, the applicant/appellant alleged to have forgotten to pursue the same and was also not aware as to whether Shri P.S.Sandhu, Advocate, CM No.12814-CII of 2009 in/and -2- FAO No.2647 of 2009 (O&M) ***** had filed any application for obtaining certified copy of the arbitral award or not. In the meantime, it is alleged that Shri P.S.Sandhu, Advocate, had permanently shifted to Canada and appellant was reminded of the pendency of the appeal when he received notice of payment of amount as awarded by the Arbitrator. Thereafter, the appeal was re-filed without certified copy of arbitral award, but in the meantime delay of 627 days had occurred. Initially, this appeal was filed by Shri C.M.Munjal, Advocate, but now Shri Mrigank Sharma, Advocate, has argued this case as Shri C.M.Munjal had returned the brief to the client. Learned counsel for the applicant/appellant has argued that the delay in re-filing is caused because of the circumstances beyond the control of the applicant/appellant, therefore, in the interest of justice, the delay in re-fling may be condoned. I have heard learned counsel for the applicant/appellant and perused the application as well as the affidavit filed by the applicant/appellant, from which I find that the application is totally lacking bona fide because it cannot be believed that the applicant/appellant, being a Miller, would forget about the case which has been filed by him before this Court challenging the award of the Arbitrator as well as the order passed by the District Judge, Ferozepur by which the award has been upheld. The story put forward by the applicant/appellant is totally concocted and does not inspire any confidence, hence I do not find any merit in the present application and as such, the same is hereby dismissed. Consequently, the main appeal is also dismissed. November 18, 2010. (RAKESH KUMAR JAIN) vinod* JUDGE