SA/7/2021
2021 Latest Caselaw 1049 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
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                                      SA No. 7 of 2021
                                      With
                                      SA No. 81 of 2020
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. I.P. Kohli, Advocate for the appellant.

Mr. Subhash Upadhyay, Advocate for respondent No. 1.

Mr. Sandeep Kothari, Advocate for respondent No. 2.

Mr. Dinesh Gahtori, Advocate for respondent No. 7.

The Second Appeal being Second Appeal No. 7 of 2021, has been preferred by the appellant along with the Delay Condonation Application No. 2/2021, whereby the defendant/appellant has given challenge to the judgement dated 27.02.2020, as was rendered by the Court of Additional District Judge, 2nd Rishikesh, District Dehradun in Civil Appeal No. 110 of 2019.

The Registry has reported that there is delay of 231 days, and the same has been determined from the period i.e. 27.05.2020 till 13.01.2021. Apart from the fact that the reasons for delay, which has been given in the Delay Condonation Application, since the limitation itself for preferring of an appeal was expiring within the time period as provided by the Hon'ble Apex Court in its judgment dated 23.03.2020, as rendered in a suo moto Writ Petition No. 3 of 2020, where the delay in all Suits and Appeals, which was expiring between 15.03.2020 till 14.03.2021, had been directed to be condoned.

In view of the aforesaid judgement dated 23.03.2020, the delay which has chanced in preferring the Second Appeal No. 7 of 2021, would be treated to be disposed of accordingly.

In the connected Second Appeal being Second Appeal No. 81 of 2020, almost similar circumstances are emanating, where the Registry of this Court has reported that there is 105 days of delay, which has chanced in preferring the Second Appeal by the THDC India Limited. The Delay Condonation Application therein (CLMA/7130/2020), would also stand allowed, subject to the directives of the Hon'ble Apex Court, as rendered in a judgment dated 23.03.2020, as already referred to above. Accordingly, the delay of 105 days, which has chanced in filing the Second Appeal No. 81 of 2020, would also stand condoned and the Delay Condonation Application No. 7130/2020 would stand allowed.

In the connected SA No. 81/2020, Mr. Subhash Upadhyay, Advocate takes notice for respondent No. 1.

The Registry of this Court is directed to list the matter next, showing the name of Mr. Subhash Upadhyay, as a counsel for respondent No. 1.

List these Second Appeals for admission in the week commencing 12.04.2021.

(Sharad Kumar Sharma, J.) 22.03.2021 Mahinder/