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Judgment
Rakesh Kumar Garg, J.
1 CM No. 22557 of 2009 Civil Misc. application is allowed subject to just exceptions. CM No. 21594CII of 2009
2 This is an application for condonation of delay of 1133 days in filing this appeal. As per the averments made in this application, the appellant could not pursue his remedy by filing the appeal as he was in custody in a criminal case. However, there is nothing on record to show that the appellant had remained in custody with effect from 4.5.2006 (i.e., the date when the impugned award was passed) till the filing of the appeal. Even otherwise, I find that FAO No. 4203 of 2006 filed on behalf of the United India Insurance Co. Ltd. was dismissed by this Court vide judgment dated 7.9.2006 on merits of the case. Thus, I find no reason to condone the delay of 1133 days in filing the appeal. Dismissed. FAO No. 4567 of 2009
3 Since the application for condonation of delay has been dismissed, this appeal is dismissed being time barred. Appeal dismissed.