The State Of Madhya Pradesh vs Badali Bai
2023 Latest Caselaw 1551 MP

Citation : 2023 Latest Caselaw 1551 MP
Judgement Date : 27 January, 2023

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Badali Bai on 27 January, 2023

Author: Gurpal Singh Ahluwalia

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         FA No. 82 of 2021
                                    (THE STATE OF MADHYA PRADESH AND OTHERS Vs BADALI BAI AND OTHERS)

                          Dated : 27-01-2023
                                 Shri Rohit Jain- Advocate for the appellants/State.

                                 Shri Sanjay Kumar Saini- Advocate for the respondents.

Heard on I.A. No. 452/2021, an application for condonation of delay. It is submitted by counsel for the appellants that the award was passed on 27.09.2019 and, thereafter, a legal opinion was sought from the Government

Advocate. After receiving the legal opinion, the matter was sent to the Secretary for seeking sanction for filing the present appeal. In the meanwhile, due to Covid-19, the entire work was stopped from March 2020 and the necessary permission from the Law Department was given on 09.12.2020 and OIC was appointed on 31.12.2021. Thus, it is prayed that there is sufficient cause for not filing the appeal within a period of limitation.

As per office note, the appeal is barred by 76 days after deducting the period of 312 days, in light of the judgment passed by the Supreme Court in Cognizance for Extension of Limitation. IN RE, reported in (2022) 3

SCC 117.

Therefore, this Court is of the considered opinion that the delay in filing the appeal is liable to be condoned.

It is, accordingly, condoned.

I.A. No.452/2021 is hereby allowed. The counsel for the respondents has also filed cross-objection and I.A. No. 5533/2021 has been filed for seeking exemption from payment of court fee.

Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 28-Jan-23 5:06:20 PM

The counsel for the respondents prays for and is granted two weeks' time to verify as to whether the application in its present form is maintainable or not?

The record of the Court below has already been received. The appeal being arguable, is admitted for final hearing. List this case in the week commencing 13.02.2023.

(G.S. AHLUWALIA) JUDGE

ashish

Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 28-Jan-23 5:06:20 PM