Ved Prakash Bhambari vs The Chairman and Managing Director and Others

Rajesh Balia, J.—The petition filed by the petitioner-appellant was dismissed by this Court on the ground of delay and laches. The petition was filed on 18.5.1999 challenging the orders dt. 30.10.1995, 16.11.1995, 8.10.1996 and 13.3.1997 the last of which has been made more two years before filing of the petition. There being no explanation furnished in the petition the Court by its order dt. 1.7.1999 directed the petitioner to explain as to on what basis petition has been preferred after 26 months of the impugned order. However no affidavit was filed until 7.8.1999 and the petition was dismissed on the ground of unexplained delay---filed on 15.9.1999. Learned Counsel for the appellant wanted time to file an affidavit explaining the delay in filing the petition for which two weeks time was granted. Since then the matter has already been taken up and atleast three times the matter has come up before the Court for order, yet no affidavit has been filed until now even after expiry of more than seven months from the date of order dt. 15.9.1999 and further time is sought on behalf of the appellant to explain delay. Since the filing of the petition about 10 months time has been availed by the petitioner for explaining the delay yet without any progress. In these circumstances only reasonable conclusion can be drawn is that appellant has no explanation to offer for delay. No interference is called for.

Accordingly this appeal fails and is hereby dismissed.