when execution petition was filed, then only applicant decided to file appeal alongwith condonation of delay application just to avoid execution proceedings - delay not condoned.

Citation

AIROnline 2022 J and K 96

Jammu And Kashmir High Court

TASHI RABSTAN , J.

CONC - 267 of 2015 D/- 10 - 3 - 2022

Oriental Insurance Co. Ltd. v. Jia Lal and Ors.

Employees Compensation Act (8 of 1923), S.30 - Limitation Act (36 of 1963), S.5 - Appeal -

Condonation of delay - Delay of 155 days - Legal opinion clearly suggestive of fact that there

is no scope to challenge award because same was passed in accordance with Act - However

moment when execution petition was filed, then only applicant decided to file appeal along

with condonation of delay application just to avoid execution proceedings - Facts of case

suggesting that insurance company perceived delay as non serious matter and its lackadaisical

tendency exhibited by its nonchalant manner in which appellant has pursued matter - Delay

not condoned.

 (Paras 11 , 12) 

Cases Referred Chronological Paras

AIR 1987 SC 1353

2013 AIR SCW 6158

AIROnline 2021 SC 959 (Distg.)

AIR 2009 SC (Supp) 195 : 2009 AIR SCW 1456

AIR 2022 SC 332 : AIROnline 2021 SC 1231

AIROnline 2020 Mad 172

AIROnline 2021 SC 645

AIROnline 2020 SC 833

AIROnline 2021 SC 621

AIROnline 2015 J and K 1

Suneel Malhotra for Petitioner; Ms. Monika Kohli for Respondent.