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High Court of Himachal Pradesh · body

2025 DAILYLAW 29135 (HP)

M/S INDORAMA INDIA PRIVATE LIMITED v. STATE OF HP AND ORS

CMP.M/2094/2024 · 2025-09-22

Gurmeet Singh Sandhawalia, Ranjan Sharma

Review Petitionbody2025

Judgment text

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M/s Indorama India Pvt. Ltd and another versus State of Himachal Pradesh and o tehrs CMP(M) No.2094 of 2024 Item No.D-6 22.09.2025 Present: Mr. Abhishek Sethi, Advocate, for the applicant. Mr. Sidharth Jalta, Deputy Advocate General for the respondents-State. CMP(M) No.2094 of 2024 Present application has been filed by the applicant for condoning the delay in filing the present appeal against the order dated 31.07.2023. On 04.06.2025, we had observed as under: “Learned counsel for the applicants has pointed out that the certified copy of the judgment dated 31.07.2023 had been applied on 05.11.2024 and on account of the demand dated 14.02.2024 by the respondents on account of unearned increase in the premium of the leased land which had to be paid in order to carry out the business and was paid on 16.02.2024. 2. It is contended that the appellant/petitioner is thus aggrieved against the amount of Rs.1,33,87,720/- which has been deposited with the State as an unearned increase of the lease land. 3. The learned Single Judge had allowed the writ petition partly only to the extent that the stamp duty would not be liable to be paid on account of the fact that the transfer of the assets of the applicant was done by operation of law. 4. Thereafter, Review Petition No.42 of 2024 had been filed by the State on 27.05.2024, which was reserved by the learned Single Judge on 15.06.2024 and the same was dismissed on 22.03.2025. On 08.07.2024, Execution Petition No.375 of 2024 filed by the appellant had also been disposed of. 5. It is thus submitted that the certified copy was belatedly applied on 05.11.2024 and thereafter a second certified copy was also applied on 08.05.2025, keeping in view the fact that an objection had been raised by this Court on 02.05.2025 that the certified copy of the said judgment had not been filed. 6. As per the office report also there was a delay of 483 days which had crept in the filing of the appeal as the certified copy was not on the record. It is pointed out that certified copy is not readily available. 7. Notice. Mr. Sidharth Jalta, Deputy Advocate General, appears and waives service of notice on behalf of the respondents-State. To come up on 18.07.2025. In the meantime, all the abovesaid orders be placed on record for perusal of this Court.” 2. The necessary compliance was done and application for placing on record other documents bearing CMP No.16847 of 2025 have been preferred. Though, State has filed its reply opposing the contention as such, however we feel that sufficient cause has been made out to condone the delay, in view of earlier observations. Resultantly, application is allowed and delay in filing the appeal is condoned. 3. Application stands disposed of. 4. Appeal be registered. LPA Filing No. 681 of 2025 5. Notice. Mr. Pawan Sharma, Advocate, accepts notice on behalf of the respondent. 6. List the matter on 10th November, 2025 along with LPA No.682 of 2025. CMP No.16847 of 2024 7. Notice in the aforesaid terms. 8. Present application has been filed under Article 226(1) of the Constitution of India read with Section 151 of Code of Civil procedure for placing on record documents (Annexure P-12 to P-14). 9. For the reasons given in the application, the same is allowed and documents i.e. (Annexure P-12 to P-14) are taken on record. Application stands disposed of. (G.S. Sandhawalia) Chief Justice [ 22nd September, 2025 (Ranjan Sharma) (himani/Bhardwaj] Judge