M.P. Pashchim Kshetra Vidhut ... vs Ajay Industries Thr. Subhash ...
2023 Latest Caselaw 2437 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     MCRC No. 40317 of 2020
                           (M.P. PASHCHIM KSHETRA VIDHUT VITRAN CO.LTD. INDORE THR. ACHAL JAIN Vs AJAY INDUSTRIES
                                                     THR. SUBHASH TIWARI AND OTHERS)

                          Dated : 10-02-2023
                                Shri Ritesh Kumar Gupta - Advocate for applicant.

                                Shri Rishi Tiwari - Advocate for all the respondents.

Heard on IA.No.7057/2020, which is an application under Section 5 of the Limitation Act for condonation of delay.

Learned counsel for the applicant submits that trial Court has passed the

impugned judgment on 06/03/2019 and after that applicant sent it to the higher officials for their opinion and sanction for filing an appeal, but since 23/03/2020 nationwide lock down had been imposed due to Covid-19 Pandemic, therefore, applicant could not file this leave to appeal within time. Hence, he prays that delay of 522 days in filing this leave to appeal be condoned.

Per contra, learned counsel for the respondents prays for its rejection by submitting that lock down was declared on 23/03/2020, which was lifted in the month of May, 2020 but even then applicant Department could not file appeal

within time and no proper explanation has been given by the applicant for such huge delay. In absence of any satisfactory explanation or sufficient cause for the aforesaid period, the applicant is not entitled for the benefit of condonation of delay.

In support of his contention, learned counsel placed reliance upon the judgment delivered by the apex Court in the case of Office of the Chief Post Master General and Others Vs. Living Media India Limited and Others reported in (2012) 3 SCC 563.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/11/2023 10:22:01 AM

From perusal of the note of Registry, it appears that this leave to appeal is time barred by 283 days after giving Covid relaxation in light of the apex Court judgment dated 23/03/2020. The applicant is a Government Department, therefore, prior permission and sanction of higher officials is quite necessary. The reason assigned by the applicant, appears to be bona fide. Hence, IA.No.7057/2020 is allowed and delay of 283 days in filing this leave to appeal is hereby condoned.

Also heard on IA.No.29741/2021, which is an application for ignoring the defects.

Learned counsel submits that defects pointed out by the Registry have

already been cured, therefore, IA.No.29741/2021 stands disposed off.

Parties are directed to argue the matter finally on the next date of hearing. List after six weeks.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/11/2023 10:22:01 AM