M/S Ashish Kiran Construction & ... vs Amarnath Jha & Others
2021 Latest Caselaw 1521 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Appellate Jurisdiction)
                  F.A. No. 47 of 2020
                        ........

M/s Ashish Kiran Construction & Another .... ..... Appellants Versus Amarnath Jha & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellants : Mr. Ajay Kumar Sah, Advocate. For the Respondents : Mr. A.K. Sahani, Advocate.

........

10/24.03.2021.

Heard, learned counsel for the appellants, Mr. Ajay Kumar Sah and learned counsel for the respondents, Mr. A. K. Sahani.

The appeal has been preferred against the judgment dated 28.11.2019 and decree singed on 12.12.2019 passed by learned Civil Judge (Sr. Division)-I, Dhanbad in Original Suit No.82/2017.

It has been submitted by learned counsel for the appellants that respondents have also filed cross objection in this case vide C.O. No.20/2021.

Learned counsel for the appellants has further submitted that the instant appeal has been preferred with delay of 74 days and for condonation of the same, I.A. No.5777/2020 has been filed. It has been submitted by learned counsel for the appellants that because of COVID-19 pandemic and also due to ill heath of the proprietor of the appellant firm the instant first appeal could not be filed within time, as such, delay of 74 days in preferring the instant first appeal may be condoned.

Considering the reason of delay mentioned in I.A. No.5777/2020, the delay of 74 days in preferring the appeal is hereby condoned.

Accordingly, I.A. No.5777/2020 is disposed of. The appeal is admitted 'For Hearing' as it is a first appeal. Call for Lower Court Records.

There is no requirement of issuance of notice as respondents have already appeared.

Office is directed to place this appeal along with the C.O. No.20/2021.

(Kailash Prasad Deo, J.) Jay/-