Jodhpur Vidyut Vitran Nigam Ltd vs Rao Dhan Raj
2021 Latest Caselaw 17151 Raj

(1 of 2) [SAW-89/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Spl. Appl. Writ No. 89/2020

Jodhpur Vidyut Vitran Nigam Ltd.

----Appellant Versus Rao Dhan Raj

----Respondent

For Appellant(s) : Mr. Dhanesh Saraswat For Respondent(s) : None present

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

16/11/2021

Matter comes up on for consideration of application under

Section 5 of the Limitation Act with a prayer to condone the delay

of 112 days in filing this appeal.

Though, learned counsel, Mr. Sushil Solanki, has filed power

on behalf of the sole respondent, but no-one is present to oppose

the application under Section 5 of the Limitation Act.

Learned counsel for the appellant has submitted that learned

Single Judge passed the impugned judgment while relying on the

decision of another Single Judge, passed in Rajasthan Rajya

Vidhyut Karamchari Federation Vs. Jodhpur Vidhyut Vitran Nigam

Ltd. & Anr. (S.B. Civil Writ Petition No.5584/1994) decided on

15.01.2008. It is argued that against the judgment dated

15.01.2008, a special appeal was preferred by Jodhpur Vidhyut

Vitran Nigam Ltd., which is pending consideration before this

Court. Learned counsel for the appellant has further submitted

(2 of 2) [SAW-89/2020]

that the delay of 112 days in filing the present appeal is not

intentional.

Having heard learned counsel for the appellant and after

going through the averments made in the application, we deem it

appropriate to condone the delay in filing the present appeal.

Hence, the application under Section 5 of the Limitation Act for

condonation of delay is allowed and the delay of 112 days is

condoned.

Issue notice of the appeal.

Since, Mr. Sushil Solanki, is appearing on behalf of the sole

respondent, list this appeal for admission after four weeks along

with D.B. Special Appeal (Writ) No.202/2008.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

21-T.Singh/-

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