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Judgment
CM Nos.1906 & 1907-LPA of 2016
Marginal delay of 1 day in filing and 56 days in re-
filing the appeal is condoned.
Applications stand allowed.
CM No.301-LPA of 2017
C.M.is allowed. Annexures P-14 to P-16 are taken on
record.
LPA No.926 of 2016
The appellant impugns the order passed by the learned
learned Single Judge dated 18.01.2016 vide which the writ
petition preferred by him was dismissed on the ground of delay
and laches as the order adverse to the petitioner was challenged
after a lapse of five years. This period is attributed to availing of
wrong remedies by the appellant, initially before the consumer
forum who declined interference on the ground of jurisdiction
and then before the civil court which did likewise.
We are afraid that we cannot condone the conduct of
the appellant in availing wrong remedies. Even filing of the writ
petition to raise the grievance of the kind expressed therein as
also in the present appeal would be a debatable issue in the wake
of alternate remedies available to the appellant. To plead
ignorance of law would be unacceptable when the remedies
availed till now were all flowing from legal advice. We thus do
not find any ground to interfere with the impugned order and
dismiss the appeal leaving the appellant to his remedies in law.
Since it has been stated before us that the entire
amount stands deposited, the authorities may look into the
application preferred by the appellant in the year 2010 itself to
answer it, if not already done.
Appeal dismissed.