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Allahabad High Court

VERENDRA SINGHversusU.P.S.R.T.C. THRU. REGIONAL MANAGER REGIONAL OFFICER FAIZABA

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The application for condonation of delay was dismissed, leading to the dismissal of the first appeal.

Summary

The appellant, Verendra Singh, filed a first appeal against an order dated 2011 from the U.P.S.R.T.C. through its Regional Manager. The appeal was filed after a considerable delay, and the appellant failed to appear before the court to seek condonation of the delay. The court noted that no counsel was present to press the application for condonation, nor was any request for adjournment made. Consequently, the application for condonation of delay was dismissed for non‑prosecution. As a result, the first appeal was dismissed and any interim order that may have existed was vacated.

Issues considered

  • Whether the application for condonation of delay in filing the appeal should be entertained.
  • Whether the appeal can proceed in the absence of a condoned delay.

Subjects

  • appeal
  • condonation of delay
  • order defective
  • procedural law
  • high court

Judgment

                                                                              Neutral Citation No. - 2024:AHC-LKO:83266


                                         Court No. - 4

                                         Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 925 of 2011

                                         Appellant :- Verendra Singh
                                         Respondent :- U.P.S.R.T.C. Thru. Regional Manager Regional Officer
                                         Faizaba
                                         Counsel for Appellant :- Pankaj Pathak
                                         Counsel for Respondent :- Akhilesh Kumar Srivastava,J.B. Singh,S.
                                         Chandra

                                         Hon'ble Rajnish Kumar,J.

                                         C.M.Application No.97913 of 2011

                                         List is being revised. None is present on behalf of the appellant
                                         to press the application for condonation of delay in filing the
                                         appeal nor there is any request for pass over or adjournment of
                                         the case. The appeal is of the year 2011.

                                         The application for condonation of delay is dismissed for non
                                         prosecution.Consequently, the First Appeal from Order is
                                         dismissed.

                                         Interim order, if any, stands vacated.

                                         Ms. Neha Tiwari,Advocate holding brief of Sri A.K.Srivastava,
                                         learned counsel for the respondent is present.



                                         Order Date :- 12.12.2024
                                         Akanksha Sri.




Digitally signed by :-
AKANKSHA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench


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