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High Court of Himachal Pradesh · body

2025 DAILYLAW 10730 (HP)

THE HPSEBL v. SAHI RAM

CMP.M/1384/2024 · 2025-04-10

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

The Himachal Pradesh State Electricity Board Vs. Sakhi Ram. CMP(M) No.1384 of 2024 Item No. (D-2) 10.04.2025 Present: Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, for the applicant. Ms. Shreya Chauhan, Advocate, for the respondent. CMP(M) No.1384 of 2024. The application for condonation of delay in filing the appeal against the judgment dated 22.09.2023 has been preferred on the ground that the counsel appointed for prosecution/defence of the cases of the organization of the applicant/appellant came to be replaced by notification dated 03.07.2023, therefore, it took time to distribute work among the newly appointed counsel, and segregate the files. The certified copy of the judgment dated 22.09.2023 had then been applied by the learned counsel for the applicant/appellant on 08.11.2023 and on 21.11.2023 copy of the same was sent to the Non- Gazetted Establishment of the applicant/appellant for further necessary action in the matter. The said application has been opposed by the respondent by reply alleging therein that the delay occurred on account of the negligence of the applicant. Keeping in view the nominal delay and the settled principles of law laid down in Collector, Land Acquisition, Anantnag Vs. Smt. Katiji and others, (1987) 2 SCC 107, that each and every day’s delay is not be explained, we are of the considered opinion that the application is liable to be allowed as sufficient cause has been made out. Accordingly, the application is allowed and delay in filing the appeal is condoned. Appeal be registered. Issue notice. Ms. Shreya Chauhan, learned counsel appears and waives service of notice on behalf of the respondent. List on 22.05.2025. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 10th April, 2025 (munish thakur)