Application for condonation of delay in filing revision by Mahanagar Telephone Nigam Ltd. High Court condoned delay subject to costs of Rs. 50,000/- paid directly to respondent.
Delay condoned subject to payment of Rs. 50,000/- costs to respondent within six weeks.
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CAC-116.2013
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CIVIL
APPLICATION NO.116 OF 2013
IN
REVISION APPLICATION STAMP NO.3410 OF 2013
Mahanagar Telephone Nigam
Ltd.
Ltd..... Applicant
Vs.
M/s. Beejay Enterprises.... Respondent
Shri Viral Shukla i/b Shukla & Associates
for the Applicant.
Shri K.R. Parekh i/b K.R. Parekh & Co.
for the Respondent.
CORAM: R.C. CHAVAN, J.
DATED: JULY 03, 2013
P.C:
This is an application for condonation
of delay of 104 (88) days in filing the
revision application. The applicant has given
details of how the file moved from office to
office in the MTNL’s headquarter. MTNL should
better cause its internal procedure to be
streamlined to ensure that this type of delay
does not occur in future. The movement of file
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CAC-116.2013
may be thoroughly unwarranted and in any case when there is a limitation prescribed by law, the authorities in the MTNL’s office should have taken care to see that necessary approvals are given before the limitation expires. One of the grounds raised is that the applicant recommended appointment of a counsel after the approval for preferring revision was accorded. Appointment of counsel need not have detain the filing of the revision since counsel normally argue and do not draft the matters. In any case, the learned counsel for the respondent points out that in the past the same entity had been saddled with costs of 50,000/- for delay in filing appeal before the Appellate Bench of the Court of Small Causes. In spite of that the authorities do not seem to have taken any lesson. Though the learned counsel for the respondent has a strong objection, since MTNL is a public sector undertaking, the application is allowed and the delay is condoned, subject`
CAC-116.2013
sjs
to costs of 50,000/-, to be paid directly to the respondent within six weeks. This time of six weeks is granted in order to take care of all procedural delays and movement of files in the office of the MTNL. List the revision application in due course. The application accordingly stands disposed of.`
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Mahanagar Telephone Nigam Ltd.
M/s. Beejay Enterprises
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court