High CourtsSingle Bench(2012) 03 SHI CK 0476

M/s. Una Highways Bus Service vs Babu Ram and Nainu Devi

High Court Of Himachal Pradesh · Decided on 1 March 2012

HON’BLE JUDGES
Surinder Singh, J
RESULT
Dismissed
CASE NUMBER
FAO (MVA) No. 328 of 2011

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Judgment

4 paragraphs · 229 words

Surinder Singh, J.

CMP No. 673 of 2011

1.

Vide order dated 20.9.2011, this Court noted that the averments made in the application (CMP No. 673 of2011) were absolutely vague. On the request of learned counsel for the applicant, three weeks time was accorded to file supplementary affidavit to support the averments made in the application for seeking permission to re-file the appeal and the case was adjourned for 3.11.2011, on which date further time was sought, four weeks'' time was allowed and the case was adjourned for 10.1.2012, on which date this Court accorded last opportunity of six weeks to file a detailed affidavit stating therein the reasons in clear terms and giving the details of all the relevant dates to show why the appeal was not initially filed and also re-filed in time. The case was adjourned for today i.e. Ist March, 2012, but again despite last repeated and reasonable opportunity, needful has not been done and no explanation worth the name was offered, therefore, this petition stands dismissed for want of compliance. C.M.P. (M) No. 1371 of 2011 & FAO (WCA) No. 328 of 2011 & CMP No. 672 of 2011.

In view of the dismissal of the above application for want of compliance, application for condonation of delay and main appeal do not survive as having become infructuous so also the pending applications, if any.