State Of J&K And Others vs Vinod Kumar And Others
2021 Latest Caselaw 486 j&K

                                                                        Sr. No. 203



               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU

CJ Court

(on virtual Mode)

Case: CDLSW No. 62 of 2016

State of J&K and others                                  .....Appellant/Petitioner(s)

                                Through :- Sh. Aseem Sawhney, AAG

                          v/s

Vinod Kumar and others                                             .....Respondent(s)

                                Through :- Sh. R. Koul, Advocate


             CORAM:
             HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                   ORDER

1. Heard learned counsel for the parties.

2. There is a delay of 795 days in filing the Letters Patent Appeal.

3. On the copy of the impugned judgment being made available,

instructions for necessary action were sought immediately on 24.02.2014.

Certain verifications were required which were removed. The departments

were not sitting idle and were regularly pursuing the matter and after taking

necessary advice vide communication dated 17.11.2015, it was decided to file

the appeal. The appeal has been filed without any further delay.

4. There is no willful or deliberate delay in filing the appeal except

for the time taken in processing the matter for the purpose of filing the appeal.

Even in that process, there is no negligence rather the matter has been pursued

vigorously with full promptness.

In view of the aforesaid facts and circumstances, we are satisfied

that the appellants are prevented by sufficient cause in not filing the appeal in

time. Accordingly, the delay is condoned.

5. Delay application CDLSW No. 62/2016 is allowed.

6. Registry to diarize the appeal and list the same for consideration

on 02.07.2021.

                         (RAJNESH OSWAL)               (PANKAJ MITHAL)
                             JUDGE                      CHIEF JUSTICE



JAMMU
16.04.2021
Rakesh