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U.O.I. . v. GAMBHIR SINGH CHAHAR

Supreme Court of India | Diary 10110/2013

Status

ROP - of Main Case

Decided On

13-01-2014

Bench

Petitioner

U.O.I. .

Respondent

GAMBHIR SINGH CHAHAR

Primary Holding

An inordinate and unexplained delay in filing an application for condonation of delay, along with further delay in refiling, warrants dismissal of the condonation application and the consequent leave petition as time-barred.

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Full Judgment Text

îITEM NO.38 Court No.6 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL D.NO(s). 10110 OF 2013U.O.I. & ORS. Appellant (s) VERSUSGAMBHIR SINGH CHAHAR Respondent(s)(With appln(s) for leave to appeal u/s 31(1) of the Armed Forces TribunalAct, 2007 and office report )Date: 13/01/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE C. NAGAPPANFor Petitioner(s) Mr. R.Balasubramanium, Adv. Ms. Anindita Pujari, Adv. Mr. B.V. Balaram Das,Adv. Mr. Vikas Bansal, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Heard. There is an inordinate delay of 711 days in the filing of this application. In addition there is a de lay of 91 days in refiling also. We are not satisfied with the explanation offered by the appellant for condoning the said delay. The application for condonation of delay is, therefore, dismissed and so also the application for leave to appeal as time barred. The question of law raised in the application is however left open. |(Shashi Sareen) | |(Sneh Lata Sharma) ||Court Master | |Court Master | (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. OF 2014 (D 10110)|UNION OF INDIA AND ORS. |...| Appellant(s) || Versus ||GAMBHIR SINGH CHAHAR |...| Respondent(s) | O R D E R

Heard. There is an inordinate delay of 711 days in the filing of this application. In addition there is a de lay of 91 days in refiling also. We are not satisfied with the explanation offered by the appellant for condoning the said delay. The application for condonation of delay is, therefore, dismissed and so also the application for leave to appeal as time barred. The question of law raised in the application is however left open. .......................J. (T.S.THAKUR) .......................J. (C.NAGAPPAN)New Delhi,January 13, 2014.

@ITEM NO.33 COURT NO.7 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL D.NO(s). 10110 OF 2013U.O.I. & ORS. Appellant (s) VERSUSGAMBHIR SINGH CHAHAR Respondent(s)(With appln(s) for leave to appeal u/s 31(1) of the Armed Forces TribunalAct, 2007 and office report)Date: 02/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Ms. Indira Jaising,ASG Mr. R. Balasubramanian,Adv. Ms.Anindita Pujari,Adv. Mr. Vikas Bansal,Adv. Mr. B.V. Balaram Das,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Heard. Ms. Indira Jaising, learned Additional Solicitor General, submits that the cognizance in the instant matter against the respondent was taken on 27th May, 2006 when the Commanding Officer took a decision to initiate disciplinary action against him. A copy of the order by which such a decision was taken is not on record. She prays for and is granted four weeks time to file the same as also additional document, if any.|(Mahabir Singh) | (Veena Khera) || Court Master | Court Master |

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