Jharkhand High Court
Md. Nesar Alam @ Md. Nesar Ansari vs Surendra Yadav & Anr on 5 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 11 of 2021
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Md. Nesar Alam @ Md. Nesar Ansari .... .... .... Appellant
Versus
Surendra Yadav & Anr. .... .... .... 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 : Mr. Manish Kumar, Advocate
: Mr. Asghar, Advocate
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Order No.06 Dated- 05.07.2023
I.A. No.1295 of 2023
This interlocutory application has been filed with a prayer to
condone the delay of 617 days in filing this appeal.
Though notice has been validly served upon the respondent no.1
yet no one turns up on behalf of the respondent no.1 in-spite of
repeated calls.
It is submitted by the learned counsel for the appellant that after
passing of the impugned judgment, the appellant was hopeless and
after contacting the Advocate, the Advocate told them to come with all
the relevant documents but in the meantime, Covid-19 Pandemic set in
and there was consequential lockdown hence, the appeal could not be
filed within time. It is further submitted by the learned counsel for the
appellant that the appellant has very good grounds to agitate in this
appeal and the delay was neither intentional nor deliberate and unless
the delay of 617 days is condoned, the appellant will be highly
prejudiced.
Perusal of the record reveals that the written statement has been
filed by the respondent no.1 namely Surendra Yadav wherein, it has
been contended that the appellant has no sufficient and cogent reason
for condoning the delay and each day of delay has not been explained.
Learned counsel for the respondent no.2 submits that the
respondent no.2 has no serious objection regarding the condoning of
delay.
Having heard the submissions made at the Bar and after going
through the materials in the record, as because of Covid-19 Pandemic,
several extra days delay has occurred in filing this appeal hence, the
delay of 617 days in filing this appeal is condoned.
This interlocutory application stands disposed of accordingly.
(Anil Kumar Choudhary, J.)
M.A. No. 11 of 2021
This appeal will be heard.
Admit.
Call for the Lower Court Records.
Mr. Manish Kumar, Advocate receives notice of the appeal on
behalf of the respondent no.2.
Issue notice to the respondent no. 1.
The appellant is directed to file requisites for service of notice on
the respondent no. 1 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 respondent no. 1.
Sonu-Gunjan/- (Anil Kumar Choudhary, J.)
