Madhya Pradesh High Court
M.P.M.K.V.V. Company Limited ... vs Geeta Devi on 10 September, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:21063
1 SA No. 1909/2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
SECOND APPEAL No. 1909 of 2024
M.P.M.K.V.V. COMPANY LIMITED GOVINDPURA BHOPAL AND
OTHERS
Versus
GEETA DEVI AND OTHERS
Appearance:
Shri Anand V. Bhardwaj - Advocate for appellants.
Shri Sanjay Singh Kushwaha - Govt. Advocate for State.
Reserved on : 09/09/2025
Pronounced on : 10/09/2025
JUDGMENT
This second appeal under Section 100 of CPC has been filed against
the judgment and decree dated 29.11.2023 passed by First District Judge,
Seondha, District Datia in RCA No. 16/2018, as well as judgment and decree
dated 30.1.2018 passed by Civil Judge, Class I, Seondha, District Datia in
Civil Suit No. 2A/2014.
NEUTRAL CITATION NO. 2025:MPHC-GWL:21063
2. Heard on I.A. No. 5242/2024. This is an application under Section 5
of the Limitation Act for condonation of delay in filing this appeal.
3. According to appellants, the judgment was pronounced on 29.11.2023
and a legal opinion was received on 04.01.2024 to the effect that an appeal
should be filed. Accordingly, a letter was written to General Manager
(O&M), Datia on 10.01.2024 for grant of permission and permission was
granted on 17.01.2024 and the same was forwarded to the Chief General
Manager, MPMKVV Co. Ltd., Gwalior. It is alleged that from January 2024
till second week of July 2024 time was consumed in collecting the record of
the file, and accordingly, appeal could not be filed within time and appeal
was filed on 29.07.2024. Therefore, it is prayed that the delay in filing the
appeal may be condoned.
4. Considered the submissions made by counsel for appellants.
5. Permission to file an appeal was granted on 17.01.2024, whereas the
appeal was filed on 29.07.2024. From the certified copy of the impugned
judgment, it is clear that application for obtaining the certified copy of the
said judgment was filed on 12.12.2023 and copy was supplied on
30.12.2023. Therefore, it is clear that appellants were already in possession
NEUTRAL CITATION NO. 2025:MPHC-GWL:21063
of all the relevant documents for filing an appeal and explanation given by
appellants that six months' time was consumed for collecting the record is
false on the face of it. Furthermore, according to the suit filed by plaintiffs,
contractor of the appellants was carrying out certain works and accident took
place which resulted in the death of Hakeem Singh. Ultimately, a suit for
recovery of damages/compensation was filed.
6. Solitary ground raised by appellants during the course of argument is
that since the contract was given to the contractor, therefore appellants are
not responsible to pay the compensation amount.
7. Aforesaid submission made by counsel for appellants is not worth
acceptance in the light of the agreement arrived at between the appellants
and contractor. As per the agreement Exhibits D/11 and D/12, supervision of
work was of AE (STCO&M), MPMKVV Company Ltd., Datia. It was also
mentioned that the work of the contractor shall be inspected by the Junior
Engineer/Assistant Engineer/ Division Engineer at any time. Therefore, it is
clear that the position of appellants was that of a principal contractor as it
was having complete control over the execution of work.
NEUTRAL CITATION NO. 2025:MPHC-GWL:21063
8. If appellants are of the view that contractor is responsible for payment
of compensation, then it can recover it from the contractor, but being the
principal contractor, appellants cannot run away from its liability to pay
compensation to the plaintiffs.
9. Thus, the Court is of considered opinion that not only the appellants
have failed to give plausible/sufficient cause for condonation of delay, but
even otherwise has no substance in the appeal.
10. Accordingly, I.A. No. 5242/2024 for condonation of delay is hereby
rejected, and appeal is dismissed as barred by time.
11. As a consequence thereof, judgment and decree dated 29.11.2023
passed by First District Judge, Seondha, District Datia in RCA No. 16/2018,
as well as judgment and decree dated 30.1.2018 passed by Civil Judge, Class
I, Seondha, District Datia in Civil Suit No. 2A/2014 are hereby affirmed.
12. The appeal fails and is hereby dismissed.
(G.S. Ahluwalia)
Judge
AKS
