Kapil Construction Bhopal vs Municipal Corporation Bhopal
2023 Latest Caselaw 21846 MP

Madhya Pradesh High Court

Kapil Construction Bhopal vs Municipal Corporation Bhopal on 19 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                            FA No. 1094 of 2018
                                         (KAPIL CONSTRUCTION BHOPAL Vs MUNICIPAL CORPORATION BHOPAL)

                            Dated : 19-12-2023
                                   Shri A.K. Pathak, Advocate for appellant.

                                   Shri Abhishek Arjaria and Shri Bahulashma Nandan, Advocates for
                            respondent.

Heard on I.A. No.11207/2018, which is an application for condonation of delay in filing of the first appeal.

Registry has reported this appeal to be barred by 43 days. By supporting the averments made in the application, learned counsel for the appellant submits that after passing of the judgment & decree on 19.12.2017 and after obtaining certified copy, all the papers alongwith some amount of Court fees were sent to the counsel Shri Ramesh Kumar of Jabalpur with request to file the appeal in the High Court but in absence of entire Court fees, the counsel did not file the appeal and when the appellant came to know about non filing of the appeal on telephone, he personally came to Jabalpur and received the papers from Advocate Shri Ramesh Kumar and handed over the

same to the new counsel Shri A.K. Pathak, who in turn drafted the appeal alongwith application for condonation of delay and filed before this Court.. With these submissions, learned counsel submits that there is sufficient cause for condonation of delay, which should be considered liberally.

The application has been opposed by learned counsel appearing for the respondent with the support of reply already filed to the said application, but the aforesaid facts stated in the application are personal to the Advocate and the client, which cannot be refuted effectively, therefore, and in view of the length

of delay of 43 days, the delay appears to be based on bonafides of the appellant. As such, the same is condoned. Resultantly, I.A. No.11207/2018 is allowed and disposed off.

Also heard on the question of admission.

Perused the record.

The appeal being arguable is admitted for final hearing. Shri Abhishek Arjaria and Shri Bahulashma Nandan, Advocates accept notice of final hearing on behalf of the respondent, who have already been supplied copy of memo of appeal and other documents.

List for final hearing in due course.

(DWARKA DHISH BANSAL) JUDGE

KPS