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2025 DAILYLAW 40007 (RAJ)

CHIEF ENGINEER (HQ) v. SACHDEVA METAL WORKS

CMA/306/2024 · 2025-11-03

Baljinder Singh Sandhu, Sanjeev Prakash Sharma

body2025

Judgment text

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[2025:RJ-JP:44081-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 306/2024 1. Chief Engineer (Hq), Public Health Engineering Department, Jal Bhawan-2, Civil Lines, Jaipur, Rajasthan. 2. Superintending Engineer, Public Health Engineering Department, Jal Bhawan-2, Civil Lines, Jaipur, Rajasthan. 3. Executive Engineer, Phed District Rural Division, Ajmer, Rajasthan. ----Appellants Versus 1. Sachdeva Metal Works, C-33, Focal Point Extension, Jhalandhar. 2. Arvinder Pal Singh, Partner Of Sachdeva Metal Works, C- 33, Focal Point Extension, Jhalandhar. ----Respondents For Appellant(s) : Ms. Mahi Yadav, AAG assisted by Mr. Rohan Mittal & Mr. Aditya Godara For Respondent(s) : Mr. Saransh Kumar through VC Mr. Ashrut Sethi HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 03/11/2025 1. Admittedly, the appeal is barred by 385 days. 2. In the application for condonation of delay, it is stated that the legal opinion of the State Government was obtained after the judgment was passed by the Commercial Court dated 09.09.2022. After receiving the opinion, the department appointed an Executive Engineer, PHED, District Rural Division, Ajmer, as officer- in-charge for filing of the appeal. The appeal was prepared after the officer-in-charge contacted the office. The application does not [2025:RJ-JP:44081-DB] (2 of 2) [CMA-306/2024] mention that despite the opinion having been received from the Government Counsel for filing of appeal, why the appeal was not filed within time. 3. Considering the immense delay of 385 days, we do not find it a fit case for condonation of delay. 4. Accordingly, the application for condonation of delay in filing the appeal is dismissed. Consequently, the appeal is also dismissed being barred by limitation. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ N.GANDHI/RAJAT/29