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2025 DAILYLAW 26273 (HP)

SHRISHTI PAL VASUDEVA v. NARSINGH DUTT

CMP.M/2057/2024 · 2025-04-10

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M/s Srishti Pal Vasudeva & Anr. Vs. Narsingh Dutt & Ors. CMP(M) No.2057 of 2024 Item No. (D-6) 10.04.2025 Present: Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate, for the applicants. Mr. C.N. Singh, Mr. Anshul Gandhi, Mr. Devender Sharma and Ms. Nidhi Singh, Advocates, for respondent No.1. Mr. Gobind Korla, Additional Advocate General, for respondents No.2 to 4-State. CMP(M) No.2057 of 2024. This application for condonation of delay in filing the appeal has been preferred against the judgment dated 28.02.2024. The delay is stated to be of 265 days from the date of judgment or 79 days from the date of knowledge of the applicants/appellants. The applicants/appellants are the officers of the respondent-State, upon whom costs of Rs.1,00,000/- has been imposed by the learned Single Judge, which has to be personally paid by them. Thus, sufficient cause has been made out to condone the delay in filing the appeal in view of the fact that they did not have knowledge as such, and were not party in the writ petition. The application as such, has been opposed by filing reply by writ petitioner alleging therein that the delay is due to the negligence of the appellants. Keeping in view the background as such of the case, the fact that the appellants were not party in the writ petition and the fact that they passed the orders as such, the liability has been fixed upon them, we deem it appropriate to condone the delay in filing the appeal. Ordered accordingly. The application stands disposed of. Appeal be registered. Issue notice. Mr. C.N. Singh, learned counsel and Mr. Gobind Korla, learned Additional Advocate General appear and waive service of notice on behalf of respondents No.1 and 2 to 4-State respectively. List on 27.05.2025. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 10th April, 2025 (munish thakur)