Allowed

State of Rajasthan v. the East India Hotels Limited

Rajasthan HC16 Nov 2023WRES/316/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the petitioners application under Section 5 of the Limitation Act, condoning a delay of 210 days in filing a restoration application due to the change of Assigned Advocate General. The DB Civil Special Appeal No.1149/2011 was restored.

What did the court decide?

Condonation of 210 days delay; Restoration of DB Civil Special Appeal No.1149/2011; Listing for hearing on 09.02.2024.

State of Rajasthan Vs the East India Hotels Limited — Rajasthan HC (2023) — LawSathi Research

¶1

[2023:RJ-JD:39249-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Writ Restoration No. 316/2019

¶4

State Of Rajasthan, Through Principal Secretary Finance Department, Government Of Rajasthan, Jaipur.

¶5

Inspector General Registration And Stamps., Ajmer.

¶6

The Collector (Stamps), Udaipur.

¶7

The Sub Registrar Of Assurances, Udaipur.

¶8

----Petitioners

¶9

Versus

¶10

The East India Hotels Limited, A Company Registered Under The Indian Companies Act, 1956 Having Its Registered Office At 4, Mangoe Lane Calcutta And Its Regional Office At Ashiana, Civil Lines, Jaipur.

¶11

V.k. Madan Mohan S/o Shri V.r. Kannapu, Being General Manager (Legal Affairs) Of Respondent No 1 Above Named Having Residence At J-25, Jangpura Extension, New Delhi. 110-014

¶12

----Respondents

¶13

For Petitioner(s) : Mr. Sandeep Shah, Sr. Adv. cum AAG assisted by Mr. A.S. Rathore

¶14

For Respondent(s) : Mr. Avinash Acharya

¶15

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

¶16

16/11/2023

¶17

The matter comes up for consideration of the application under Section 5 of the Limitation Act with a prayer to condone the delay of 210 days in filing the restoration application.

¶18

Learned Additional Advocate General appearing for the petitioners has submitted that the delay in filing the restoration application is caused on account of the events, which have been explained in the application under Section 5 of the Limitation Act. It is submitted that the delay is bonafide and not intentional.

¶19

Reply to the application under Section 5 of the Limitation Act has been filed on behalf of the respondents, wherein, the aforesaid application has been vehemently opposed.

¶20

[2023:RJ-JD:39249-DB]

¶21

[WRES-316/2019]

¶22

(2 of 2)

¶23

Learned counsel appearing for the respondents has submitted that since the petitioners have not explained day to day delay in filing the restoration application, the application under Section 5 of the Limitation Act deserves to be dismissed.

¶24

Having heard learned counsel for the parties and particularly taking note of the fact that the earlier Additional Advocate General, to whom the case was assigned, has been elevated as a High Court Judge and the file was transferred to some other Additional Advocate General, we are of the view that the petitioners have satisfactorily explained the delay in filing the restoration application.

¶25

Hence, the application under Section 5 of the Limitation Act is allowed and the delay of 210 days in filing the restoration application is condoned.

¶26

Heard learned counsel for the parties on the restoration application.

¶27

For the reasons mentioned in the restoration application, the same is allowed. The DB Civil Special Appeal No.1149/2011 is restored to its original number.

¶28

Since the respondents are duly represented through Advocate Mr. Avinash Acharya, the service is complete.

¶29

Let the matter be listed for hearing on 09.02.2024.

¶30

(PRAVEER BHATNAGAR),J

¶31

(VIJAY BISHNOI),J

¶32

24-Suraj/-

State of Rajasthan v. the East India Hotels Limited

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. the East India Hotels Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Rajasthan Vs Satya Narayan @ Sattu

State of Rajasthan Vs Roopa Ram

Mahveer Singh Vs State of Rajasthan

Masraram @ Masra Vs State of Rajasthan

Santosh Vs State of Rajasthan

Vinod Kumar Damor Vs State of Rajasthan