Rajasthan High Court
Mohmmad Yunus S/O Shri Husain Bux vs Madho Prasad Sharma S/O Shri ... on 7 March, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 49/2021
In
S.B. Civil First Appeal No.138/1996
Mohmmad Yunus S/o Shri Husain Bux, Aged About 68 Years, R/o
House No. 3804, Rasta Kalyanji, Choukari Topkhanadesh,
Mohalla Myayarian Jaipur City, Jaipur.
----Petitioner
Versus
1. Madho Prasad Sharma S/o Shri Prabhu Lal, R/o House No.
2820, Rasta Kalyanji, Choukari Topkhanadesh, Mohalla
Nyayarian Jaipur City, Jaipur (since deceased) through
LR's
1/1. Prem Sharma s/o late Shri Madho Prasad Sharma
House No.3110, Bhindo Ka Rasta, near Ganesh Mandir
Wali Gali, Chandpol Bazar, Jaipur 302001
1/2. Mukesh Sharma S/o Late Shri Madho Prasad Sharma
R/o House No.2434, Bhindo Ka Rasta, Chandpol Bazar
Jaipur 302001
1/3. Mahesh Sharma s/o of late Shri Madho Prasad
Sharma R/o House No.919, Sokhiyon Ka Rasta, Baba
Harish Chandra Marg, Kishanpole Bazar Jaipur 302001
2. Sri Adi Gaur Brahman Murty Kalakar Sanstha,
Khajanewalon Ka Rasta, Jaipur Through Its Chairman
Satyanarayan Nahata.
----Respondents-defendants
For Petitioner(s) : Mr. Saransh Ghiya
For Respondent(s) : Mr. Nitesh Pareek through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
07/03/2022
This civil miscellaneous application has been filed seeking
extension of time granted by this Court to the appellant vide its
(2 of 3) [CMAP-49/2021]
judgment and decree dated 08.04.2020 to deposit the balance
sale consideration with the learned trial Court within eight weeks
therefrom.
Learned counsel for the applicant submitted that the
judgment was reserved on 18.02.2020 and was pronounced on
08.04.2020 during the lockdown period. He submitted that he
came to know of the judgment and decree dated 08.04.2020 in
the month of June, 2020 whereupon, he immediately moved an
application with the learned trial Court on 15.06.2020 via Email on
the official Email ID with the Court seeking condonation of delay in
deposition of the balance sale consideration; but, the request was
not entertained as the learned trial Court was hearing cases of
very urgent nature only in the wake of Covid-19. He submitted
that the appellant tried to deposit a demand draft dated
15.07.2020 representing the balance sale consideration with the
learned trial Court but, the same was not accepted as the time for
depositing the same has already expired. Learned counsel submits
that the Hon'ble Apex Court of India has, in Miscellaneous
Application No.21/2022 in Miscellaneous Application
No.665/2021 in Suo Motu Writ Petition (C) No. 3 of 2020:
In RE: Cognizance For Extension of Limitation vide its order
dated 10.01.2022, directed to exclude the period from 15.03.2020
till 28.02.2022 in computing the periods prescribed under Sections
23(4) and 29A of the Arbitration and Conciliation Act, 1996,
Section 12A of the Commercial Courts Act, 2015 and provisos (b)
and (c) of Section 138 of the Negotiable Instruments Act, 1881
and any other laws, which prescribe period(s) of limitation for
instituting proceedings, outer limits (within which the court or
tribunal can condone delay) and termination of proceedings. He,
(3 of 3) [CMAP-49/2021]
therefore, prayed that the time of depositing the balance sale
consideration may suitably be extended.
None appears for the legal heirs of deceased-respondent
No.1 despite service.
Learned counsel for the respondent No.2 has no serious
objection to the aforesaid prayer.
Heard and considered.
Taking into consideration the contentions advanced by
learned counsel for the applicant-appellant and the material on
record, this Court is satisfied that the appellant could not deposit
the balance sale consideration in terms of judgment and decree
dated 08.04.2020 for sufficient reason in the wake of Covid-19. In
view thereof and in the backdrop of the order of the Hon'ble Apex
Court of India dated 10.01.2022 in RE: Cognizance For Extension
of Limitation (supra), the application deserves to be allowed.
The application is allowed accordingly.
The appellant may deposit the balance sale consideration by
way of demand draft/cheque in the name of legal heirs of
deceased respondent No.1 in equal apportionment or as otherwise
directed by learned trial Court, with the learned trial Court within
a period of four weeks from today.
(MAHENDAR KUMAR GOYAL),J
Manish/6
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