Six-day delay in appeal filing excused due to summer vacation; court suggests community service to foster societal awareness.
In a significant ruling, the Madhya Pradesh High Court has condoned a six-day delay in the filing of an appeal by N.M Dubash Stone and Lime Company Pvt. Ltd. against the Union of India. The delay was attributed to the summer vacation period. The court recognized the sufficiency of the cause provided by the applicants and restored the appeal to its original number.
The bench, comprising Justices Anand Pathak and Vinay Saraf, acknowledged the applicants' assertion that the dismissal of the initial appeal was not deliberate but due to unavoidable circumstances beyond their control. Citing precedents, the court reiterated that litigants should not suffer due to their counsel's faults, allowing the appeal to be heard on its merits.
In an innovative move, the court suggested that the counsel for the applicants engage in community service by visiting an old age home with food items, emphasizing the importance of social responsibility and awareness. This suggestion, aimed at fostering a sense of community care, was graciously accepted by the applicants' counsel. The court highlighted that such initiatives are not punitive but rather encourage societal involvement and accountability, aligning with the broader concept of 'Social Audit.'
The court further urged policymakers and responsible citizens to visit institutions like old age homes and orphanages, advocating for improved living standards and effective oversight to ensure accountability. The ruling underscores the court's commitment to not only legal justice but also societal welfare.
The applicants are directed to submit a compliance report on their community service within 15 days, after which the writ appeal will be fully restored. The court's decision reflects a blend of judicial diligence and social consciousness, setting a precedent for similar cases.
Bottom line:-
Application for condonation of delay in filing appeal - Sufficient cause shown for delay of 6 days due to summer vacation - Delay condoned, and appeal restored to original number.
Statutory provision(s): Limitation Act, 1963 Section 5
