Union Territory Of Jammu And ... vs Sudesh Kumar Raina
2021 Latest Caselaw 249 j&K

                                                                  Sr. Nos. 105-108
               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
CJ Court

Case: LPA No. 15 of 2021


Union Territory of Jammu and Kashmir                ...Petitioner(s)/Appellant(s)
and others.

                                 Through: Sh. Vishal Bharti, Dy. AG

                         v/s
Sudesh Kumar Raina                                             .... Respondent(s)
                                  Through:

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE


                                        ORDER

Counsel for the applicants may make good the deficiencies reported in

the application within one week from today.

Application no.718 of 2021 stands disposed of.

For the reasons stated in the application seeking dispensation of certified

copy of documents, the same is allowed.

Application no. 719 of 2021 stands disposed of.

There is delay of about 443 days in filing the appeal. On the delay

condonation application, notice was issued to the respondent and is deemed to

be served but no one has put in appearance or filed any objections on his behalf

to the delay condonation application.

We have heard Sh. Vishal Bharti, learned counsel appearing for the

appellants. It has been contended that the impugned judgment was passed on

23.07.2019 and thereafter, due to abrogation of Article 370 of the Constitution

there was a complete clampdown in the State now Union Territory. Thereafter,

the work in offices remained paralysed. Due to COVID-19 pandemic, steps

could not be taken in filing of the appeal. The appeal has been filed as soon as

the permission for its filing was accorded on 26.11.2020.

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

the appellants were prevented by sufficient cause from filing the appeal though

the appellants could have acted more promptly.

In view of the above, we condone the delay in filing the appeal

subject to costs of ` 5000/- to be deposited with the Registry within a period of

two weeks.

Application No. 716/2021 is disposed of.

List the appeal on 24th March 2021.

                           (SINDHU SHARMA)             (PANKAJ MITHAL)
                                     JUDGE               CHIEF JUSTICE
Jammu
05.03.2021
Raj Kumar