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2009 DIGILAW 677 (JK)

Oriental Insurance Co. Ltd. v. Pawan Kumar

2009-12-23

B.L.Saraf, G.D.Sharma

body2009
Per Justice G.D. Sharma, J. 1. Order dated 25.01.2008 passed by the Learned Divisional Forum Jammu (hereinafter be referred to as Forum) has been challenged. The appeal is time barred by 15 days. Application has been given for the condonation of delay and it is pleaded that copy of the judgment was received on 05.02.2008 and thereafter the procedural formalities were observed for seeking permission to file the appeal from Regional Office of the Applicant/Appellant situated in the city of Ambala. Objections have not been filed by the non-applicant/respondent despite opportunities were granted. 2. As the Non-applicant has failed to file the objections to the application as well as it is delay of only 15 days and no malafide or intentional delay appears to be the basis for causing delay so there exists "sufficient cause" for the condonation of delay. It is always adviseable to decide a case on merits. In this view of the matter, the application is accepted and consigned to records. Accordingly the appeal is admitted to its number. Opportunity is granted for the appearance of the counsel of the respondent and list on 20.01.2010.