Uttarakhand High Court

AO/406/2022 on 6 March, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                     Office Notes, reports,
SL.                orders or proceedings or
          Date                                                   COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      06.03.2024
                                                AO No. 406 of 2022
                                                With
                                                AO No. 407 of 2022
                                                Hon'ble Ritu Bahri, C.J.

Hon'ble Rakesh Thapliyal, J.

1. Shailendra S. Chauhan, learned counsel for the State/appellants.

2. Mr. Rajat Mittal, learned counsel for the respondent.

3. Counsel for the appellants has referred to the judgment of Kerala High Court in the case of Muhammedshafeek Vs. M/s Tasty Nut Industries and others, decided in CM. Appl. No. 1 of 2023 on 17.10.2023, considering the case of condoning the delay. The issue was that there was a child, who was 9 months old and he was ailing in this backdrop there was a delay of 25 days, and referring to the judgment of Supreme Court, (2021) 6 SCC 460, the Kerala High Court had accepted the cause of delay being correct and had condoned the delay of 25 days.

4. However, in the present case, it is the State department which has come up in an Appeal against the order of the Commercial Court and there is delay of 120 days in filing this Appeal.

5. Arguments heard.

6. Judgment reserved.

(Rakesh Thapliyal, J.) (Ritu Bahri, C.J.) 06.03.2024

Mahinder