Jammu & Kashmir High Court
Union Territory Of J And K And ... vs Qamar Rabani And Another on 29 July, 2021
Serial No. 102
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
RFA No. 6/2021
CM No. 1376/2021
CM No. 1393/2021
CM No. 1395/2021
Union Territory of J and K and another ...Appellant(s)
Through:- Mr. Ravinder Gupta, AAG.
v/s
Qamar Rabani and another ...Respondent(s)
Through:-
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
CM No. 1393/2021
1. The applicants through the medium of the instant application are
seeking condonation of delay in filing Civil Ist Appeal against judgment and
decree /award dated 05.09.2020 (for brevity "the impugned order/award)
passed by learned Principal District Judge, Rajouri in File No. 06/ L.A. Act
in case titled as "Qamar Rabani Vs. Collector Land Acquisition and
another".
2. Learned counsel for the applicants while reiterating the contentions
raised in the application for seeking condonation of delay in filing the Civil
Ist Appeal invited the attention of this Court to the order passed by the
Hon'ble Apex Court in "IN RE COGNIZANCE FOR EXTENSION OF
LIMITATION" dated 27.04.2021 where under the order passed by the
Hon,ble Apex Court dated 23.03.2020 came to be restored whereby the
period of limitation in filing the petitions/ applications/suits/ appeals/ all
other proceedings, irrespective of the period of limitation prescribed under
the general or special laws, came to be extended with effect from 15.03.2020
till further orders and thereafter on 08.03.2021, following directions were
issued while disposing of the suo moto proceedings:-
"1.In computing the period of limitation for any suit, appeal,
application or proceeding, the period from 15.03.2020 till 14.03.2021
shall stand excluded. Consequently, the balance period of limitation
remaining as on 15.03.2020, if any, shall become available with effect
from 15.03.2021.
2. In cases where the limitation would have expired during the period
between 15.03.2020 till 14.03.2021, notwithstanding the actual
balance period of limitation remaining, all persons shall have a
limitation period of 90 days from 15.03.2021. In the event the actual
balance period of limitation remaining, with effect from 15.03.2021,
is greater than 90 days, that longer period shall apply.
3. The period from 15.03.2020 till 14.03.2021 shall also stand
excluded in computing the periods prescribed under Sections 23 (4)
and 29A of the Arbitration and Conciliation Act, 1996, Section 12A
of the Commercial Courts Act, 2015 and provisos (b) and (c) of
Section 138 of the Negotiable Instruments Act, 1881 and any other
laws, which prescribe period(s) of limitation for instituting
proceedings, outer limits (within which the court or tribunal can
condone delay) and termination of proceedings.
4. The Government of India shall amend the guidelines for
containment zones, to state.
"Regulated movement will be allowed for medical
emergencies, provision of essential goods and services,
and other necessary functions, such as, time bound
applications, including for legal purposes, and educational
and job-related requirements."
3. The Hon'ble Apex Court further in the aforesaid order dated
27.04.2021 in continuation of order dated 08.03.2021 directed that the
period(s) of limitation, as prescribed under any general or special laws in
respect of all judicial or quasi-judicial proceedings, whether condonable or
not, shall stand extended till further orders which has been further clarified
in the order as under:
"It is further clarified that the period from 14th March, 2021
till further orders shall also stand excluded in computing the
periods prescribed under Sections 23 (4) and 29A of the
Arbitration and Conciliation Act, 1996, Section 12A of the
Commercial Courts Act, 2015 and provisos (b) and (c) of
Section 138 of the Negotiable Instruments Act, 1881 and any
other laws, which prescribe period(s) of limitation for
instituting proceedings, outer limits (within which the court or
tribunal can condone delay) and termination of proceedings."
4. According to the learned counsel, the impugned order/award,
admittedly came to be passed on 05.09.2020 and a certified copy there of
came to be issued to the applicants on 15.01.2021 whereupon the appeal
(supra) came to be instituted before this Court on 11.02.2021 and according
to the mandate of the Hon'ble Apex Court as contained in order dated
27.04.2021, the appeal in question is to be treated with in time and not
barred by law of limitation.
5. Having regard to the aforesaid position as emerging from the bare
perusal of the order of the Hon'ble Apex Court dated 27.04.2021(supra)
coupled with the submissions made by learned counsel for the applicants,
application is allowed and appeal is treated to be within time.
6. Application disposed of.
CM No. 1395/2021
Having regard to the averments made in the application coupled with
the submissions made by the learned counsel for the applicants, leave to file
appeal is granted.
Application disposed of.
RFA No. 6/2021
Issue notice to the respondents, returnable within a period of four
weeks.
Learned counsel for the appellants to take steps for effecting service
upon the respondents within a week's time.
Learned counsel for the appellants states that the claimant/respondent
has also filed an appeal being RFA No. 4/2021.
Learned counsel for the appellants prays for listing of the same appeal
along with the instant appeal.
Registry to list instant appeal along with RFA No. 4/2021 on
14.09.2021.
CM No. 1367/2021
Notice and appearance as above.
Meanwhile, subject to the depositing of the amount covered under
impugned decree and judgment within six weeks' time from the date of
passing of this order before the registry of this Court, the operation of the
impugned decree and judgment/ award dated 05.09.2020 shall stay. The
amount so deposited shall be kept in FDR initially for a period of six
months.
(JAVED IQBAL WANI)
JUDGE
Jammu
29.07.2021
Renu
RENU BALA
2021.08.09 12:25
I attest to the accuracy and
integrity of this document
