Citation : 2023 Latest Caselaw 1555 MP
Judgement Date : 27 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
FA No. 86 of 2021
(THE STATE OF MADHYA PRADESH AND OTHERS Vs CHETRAM AND OTHERS)
Dated : 27-01-2023
Shri Rohit Jain- Advocate for the appellants/State.
None for the respondent though served.
Heard on I.A. No. 479/2021, 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 21.12.2020. 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.
A s none appears for the respondents, 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.479/2021 is hereby allowed. Record of the Court below has been received. The appeal being arguable, is admitted for final hearing. Issue notice to the respondents on payment of process fee by registered Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 28-Jan-23 5:06:20 PM
mode, payable within seven working days.
List this case along with F.A. No. 82/2021 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
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