M/S Rana Sugars Limited vs M/S Milestone Switchgears Pvt Ltd
2023 Latest Caselaw 1324 P&H

                            290

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          RA-CR-207-2019 (O&M) in
                                                                          CR-7621-2019
                                                                          Date of decision : 20.01.2023


                            M/s Rana Sugars Ltd.                                            ... Petitioner(s)

                                                                Versus

                            M/s Milestone Switchgears Pvt. Ltd.                           ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present:     Mr. Tanmoy Gupta, Advocate
                                         for the review applicant-respondent.

                                         Mr. Raj Shekhar, Advocate for
                                         Mr. Viren Jain, Advocate for the non-applicant/petitioner.


                            ALKA SARIN, J. (ORAL)

The present review application has been filed by the review

applicant-respondent for review of the order dated 29.11.2019 passed in CR-

7621-2019 whereby the revision petition filed by the non-applicant/

petitioner was allowed.

Learned counsel for the review applicant-respondent has

pointed out that an incorrect memorandum of appeal was appended to the

main revision petition and it was not disclosed to the Court that the appeal

filed before the First Appellate Court was time-barred and an application

under Section 5 of the Limitation Act, 1963 for condonation of delay in

filing the appeal was pending.

On the other hand, learned counsel for the non-applicant/

petitioner states that it was an inadvertent mistake on the part of the counsel YOGESH SHARMA 2023.01.23 10:26 I attest to the accuracy and integrity of this order/judgment.

Chandigarh RA-CR-207-2019 (O&M) in

for the non-applicant/petitioner and the said mistake was not intentional. He

further states that the amount of the court fee, after the passing of the order

dated 29.11.2019, has already been deposited.

Be that as it may, for the reasons stated in the application as

also the fact that the requisite court fee has since already been deposited by

the non-applicant/petitioner, the order dated 29.11.2019 passed in CR-7621-

2021 is modified to the extent that the application under Section 5 of the

Limitation Act, 1963 for condonation of delay in filing the appeal before the

First Appellate Court is directed to be heard, at the first instance, before

entertaining the appeal.

With the above modification in the order dated 29.11.2019

passed in CR-7621-2021, the present review application stands disposed off.

Pending applications, if any, also stand disposed off.

Since the non-applicant/petitioner had appended a wrong

memorandum of appeal with the revision petition, the non-

applicant/petitioner shall deposit an amount of Rs.30,000/- as costs with the

Punjab and Haryana High Court Legal Services Committee, Chandigarh.

                            20.01.2023                                      ( ALKA SARIN )
                            Yogesh Sharma                                       JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2023.01.23 10:26 I attest to the accuracy and integrity of this order/judgment.

Chandigarh