Bhadohi Industrial Development ... vs Shri Kanth Alias Vindeshwari And ...
2023 Latest Caselaw 4345 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 478 of 2021
 

 
Applicant :- Bhadohi Industrial Development Authority
 
Opposite Party :- Shri Kanth Alias Vindeshwari And Another
 
Counsel for Applicant :- Santoosh Kumar Dwivedi
 

 
Hon'ble Surya Prakash Kesarwani,J.

Heard learned counsel for the applicant.

This review application has been filed beyond limitation by 974 days alongwith Delay Condonation Application and affidavit.

In paragraphs 4,5,6 & 7 of the affidavit accompanying the Delay Condonation Application, the applicant has stated as under :

"4-That earlier legal advisor Mr. Rahul Kumar Upadhyay has not produce the copy of the Judgment dated 11-3-2019 before appellant within time and such copy produced before the appellant in June 2019, High Court Allahabad has declare Holiday of summer vacation.

5-That the copy of the Judgment dated 11-3- A 2019 and consent letter of the appellant for filing the Review application in this appeal has given to the Legal Advisor Mr. Rahul Kumar Upadhyay in First week July, 2019, but the said copy has not given to the counsel of the BIDA in high Court Allahabad.

6-That the claimant file the execution case before the learned Additional District Judge, the learned Additional District Judge has issue a notice to the appellant in the Month of December 2019 for appearance then the appellant is knowing the review application has not file in this appeal and thereafter the appellant has taken the action against the earlier legal advisor Mr. Rahul Kumar Upadhyay and he has given the resign from his service.

7-That after given the resign of earlier legal advisor Mr. Rahul Kumar Upadhyay appointed another legal advisor for pairvi the case before this Hon'ble Court and all the relevant record for filing the review application submitted to the BIDA counsel in February 2020, but due to COVID-19 the appellant has not file Review application against the order dated 11-3-2019 within time, therefore kindly may be pleased delay may be condoned and hear the review application on merit otherwise the appellant shall suffer huge an irreparable loss and injury."

From perusal of the affidavit accompanying the Delay Condonation Application, it is evident that the applicant was well aware of the judgment dated 11.3.2019 at all relevant point of time.

Thus, the applicant has completely failed to offer any acceptable explanation for long delay of 974 days in filing the Review Application.

In view of the aforesaid, the Delay Condonation Application is rejected. Consequently, the Review Application also stands dismissed.

Order Date :- 10.2.2023/vkg