C/M Baba Narain Das (B.N.D.) Inter ... vs State Of U.P. And 3 Others
2021 Latest Caselaw 3618 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 281 of 2021
 

 
Appellant :- C/M Baba Narain Das (B.N.D.) Inter College And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Sujeet Kumar Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rohit Ranjan Agarwal,J.

In Re:- Delay Condonation Application No.1 of 2021

The delay condonation application seeks condonation of 635 days delay in filing special appeal against the judgment and order dated 03.05.2019 in Writ-C No.39548 of 2014.

We have heard counsel for the appellant and the learned Standing Counsel for the respondents.

Admittedly, the order of the learned Single Judge was passed after hearing the counsel for the parties.

The only explanation offered to condone the delay is that before papers to file the appeal could be complete Covid-19 Pandemic set in.

In paragraph no.3 of the affidavit it is stated that certified copy of the impugned judgment was received by the appellant on 27.07.2019. The period of limitation for filing appeal was upto 02.06.2019 and the Covid-19 Pandemic came to have its effect in India in the month of February, 2020. We therefore do not find any good ground to condone the delay.

The delay condonation application is rejected. The appeal is consequently dismissed as barred by limitation.

Order Date :- 15.3.2021

AKShukla/-