Sardar Anand Singh & Ors vs M/S R.A.S. Enterprises I/C Sudhir ...
2023 Latest Caselaw 2257 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 M.A. No. 10 of 2021
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Sardar Anand Singh & Ors. .... .... .... Appellants Versus M/s R.A.S. Enterprises I/C Sudhir Kumar, Patna & Ors.

.... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellant          : Mr. O.P. Singh, Advocate
                                : Mr. Sabyasanchi, Advocate
     For the Respondents        : None
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     Order No.06 Dated- 05.07.2023
     I.A. No.1352 of 2023

This interlocutory application has been filed with a prayer to condone the delay of 669 days in filing this appeal.

Though notice has been validly served upon the respondents yet no one turns up on behalf of the respondents in-spite of repeated calls.

It is submitted by the learned counsel for the appellants that after passing of the impugned judgment, the appellants were hopeless and were under the impression that they were awarded sufficient compensation but later on after contacting the Advocate, they came to know that the compensation is inadequate and the Advocate told them to come with all the relevant documents but in the meantime, Covid-19 Pandemic set in and there was lockdown hence, the appeal could not be filed within time. It is further submitted by the learned counsel for the appellants that the appellants have very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay of 669 days is condoned, the appellants will be highly prejudiced.

Considering the aforesaid facts, the delay of 669 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) M.A. No. 10 of 2021

This appeal will be heard.

Admit.

Call for the Lower Court Records.

Issue notice to the respondents.

The appellant is directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondents.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)