Manipur High Court
State Of Manipur; & Ors vs Smt. Kongbrailatpam (Ongbi) ... on 13 May, 2022
KABORA Digitally signed
by
MBAM KABORAMBAM Item No. 2
SANDEE IN THE HIGH COURT OF MANIPUR
SANDEEP SINGH
Date: 2022.05.13
P SINGH 18:22:09 +05'30'
AT IMPHAL
MC (W.A.) No. 68 of 2019
State of Manipur; & Ors.
Applicants
Vs.
Smt. Kongbrailatpam (Ongbi) Dasumati Devi
Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR JUSTICE LANUSUNGKUM JAMIR
13.05.2022
Sanjay Kumar (C.J.):
By way of this miscellaneous case, the State of Manipur, the Manipur
State Power Distribution Company Limited and the Manipur State Power Company
Limited seek condonation of the delay of 72 days in filing an appeal against the
judgment and order dated 05.08.2018 passed by a learned Judge of this Court,
allowing W.P. (C) No. 983 of 2018 in part, directing payment of ₹. 3,00,000/- to
the petitioner as compensation. The writ appeal along with this condone delay
petition were filed on 25.11.2019.
Mr. S. Nepolean, learned Government Advocate, appears for the
applicant. Mr. N. Biren, learned counsel, appearing for the respondent, would
however point out that the order sought to be appealed against was
unconditionally implemented as long back as on 14.09.2020. He would therefore
contend that it is not open to the applicants/appellants to challenge the same at
this late stage.
Per contra, Mr. S. Nepolean, learned Government Advocate, would
assert that compliance with the order was under threat of contempt proceedings
and, therefore, the same should not be held against the applicants/appellants.
MC (W.A.) No. 68 of 2019 Page 1
As already noted supra, the appeal along with this condone delay
petition were filed in November, 2019, itself and notice on this condone delay
petition was ordered on 3rd December, 2019. Despite this fact, the Manipur State
Power Distribution Company Limited chose to implement the order sought to be
appealed against presently, by way of order dated 14.09.2020.
Perusal of the said order dated 14.09.2020 reflects that the Manipur
State Power Distribution Company Limited did not choose to advert to the
pendency of the writ appeal along with this condone delay petition. Further, it did
not even choose to reserve its right to maintain an appeal despite such
compliance or state that such compliance was without prejudice to its right to
prosecute the appeal already filed. The order dated 14.09.2020 records
unconditional compliance with the order.
To add to this, the Manipur State Power Distribution Company Limited
then addressed letter dated 15.09.2020 to the Registrar General of this Court
with regard to the compliance, again without mentioning or adverting to the
pendency of this condone delay petition in the appeal filed against the order.
Having implemented the said order without prejudice and without
reserving the right to prosecute an appeal, it is not open to the
applicants/appellants to continue with this litigation. This Court therefore finds
no reason to consider this condone delay petition on merits.
MC (W.A.) No. 68 of 2019 is accordingly dismissed on this
short ground.
In consequence, the unnumbered writ appeal shall stand rejected.
JUDGE CHIEF JUSTICE
Sandeep
MC (W.A.) No. 68 of 2019 Page 2
