Himachal Pradesh High Court
CMP.M/997/2017 of STATE OF HP Vs SHIV KUMAR KUTHIALA on 29 December 2017
of 2017 29.12.2017 Present: Mr. Vikram Thakur, Deputy Advocate General, for the applicants-appellants. Mr. Pramod Negi, Advocate, for the non- applicant-respondent. CMP(M) No. 997 of 2017 By way of this application, the State has prayed for condonation of 329 days’ delay in filing the
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29.12.2017
Present: Mr. Vikram Thakur, Deputy Advocate General, for the applicants-appellants.
Mr. Pramod Negi, Advocate, for the non- applicant-respondent.
CMP(M) No. 997 of 2017
By way of this application, the State has prayed for condonation of 329 days’ delay in filing the appeal. Reply stands filed to the application.
I have heard the learned counsel for the parties and have also gone through the averments made in the application as well as in the reply. A perusal of the averments made in the application demonstrates the reasons as to why the appeal could not be filed within the period of limitation.
In my considered view, as is evident from the averments made in paras 6 and 7 of the application, the delay in filing the appeal is bonafide and not intentional, accordingly, the application is allowed and 329 days’ delay in filing the appeal is condoned.
Application stands disposed of in above
terms.
RFA No. ____of 2017
Be registered. Admit. Mr. Pramod Negi, learned counsel accepts post admission notice on behalf of the respondent. List in due course.
(Ajay Mohan Goel) Judge
December 29, 2017 (bhupender)