Union Of India vs Kanchan Singh
2022 Latest Caselaw 10177 MP

Citation : 2022 Latest Caselaw 10177 MP
Judgement Date : 27 July, 2022

Madhya Pradesh High Court

Union Of India vs Kanchan Singh on 27 July, 2022

Author: Subodh Abhyankar

                                      1                              FA No.259/2021



           High Court of Madhya Pradesh, Jabalpur
                       Bench at Indore
                   First Appeal No.259/2021
Indore, Dated 27.07.2022
     Shri Ankit Keshwarwani, learned counsel for the appellant /
Union of India, Western Railway, Ratlam.
      Shri Manish Nair, learned Deputy Advocate Advocate for
respondent No.2 / State of Madhya Pradesh.

Report regarding service of notice to respondent No.1 is awaited.

Heard on IA No.1833/2021, an application under Section 5 of the Limitation Act, 1963 for condonation of 330 days' delay in filing the present first appeal.

As per office report, the present first appeal is well within the prescribed period of limitation on account of COVID Relaxation, in the light of judgment of the Hon'ble Supreme Court.

Looking to the reasons assigned in the application (which is supported with affidavit of Shri Manish Malik s/o Late S.L. Malik), sufficient cause is made out to condone the delay in filing the appeal.

Accordingly, IA No.1833/2021 stands allowed; and delay of 330 days in filing the present appeal is hereby condoned.

Also heard on IA No.1896/2021, which is an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 for stay of the impugned award.

In view of the facts and circumstances of the case, subject to deposit of 50% of the impugned award within four weeks from today, the effect and operation of the impugned judgment and award dated 28.02.2020 passed by learned 1st Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore (MP) in Reference Case Number MJC/300024/2016 (LA) (Registration No. MJC/300024/2016) [at page No.16] shall remain stayed until further orders.

Let the matter be listed on the question of admission along with First Appeal Nos. 257 and 258 of 2021 for analogous hearing.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.07.27 16:13:57 +05'30'