Approaching the court expeditiously and reluctance to condone unexplained delays and inordinate laches in seeking remedies.

JUDGMENT

Mini Pushkarna, J. (Oral)--Application, CM APPL. No. 37546/2023 has been filed on behalf of appellant for restoring the present appeal that was dismissed in default vide order dated 22nd November, 2022. The application for restoration is accompanied by another application, CM APPL. No.37547/2023 for condoning delay of 214 days in filing the restoration application.

2. Learned counsel appearing for appellant submits that the present appeal was dismissed in default by this Court vide order dated 22nd November, 2023, as no one had appeared on behalf of appellant. It is submitted that the present appeal was initially filed by counsel, Ms. Meenu Pandey. Subsequently, appellant wanted to engage a new lawyer and therefore, Ms. Meenu Pandey had given her no objection in this regard in the year 2021 and had returned the file to appellant. Thereafter, appellant engaged a new counsel who started appearing on his behalf in the present appeal.

3. It is submitted that when the present appeal was listed on 22nd November, 2023, the counsel subsequently engaged by appellant, did not appear which led to dismissal of the present appeal.

4. It is the contention on behalf of appellant that he was not aware of the dismissal order and was in belief that his counsel was conducting his matter before court. Appellant approached his counsel on several occasions, but did not get any satisfactory reply. Therefore, appellant approached his previous counsel, i.e., Ms. Meenu Pandey in the month of July 2023 to know the status of his case. Upon checking the status on website by the previous counsel, appellant came to know about the dismissal order and non-appearance of his counsel.

5. Learned counsel appearing for appellant submits that the appellant, thus, again engaged the previous counsel for restoring the present appeal and conducting matter on his behalf. Hence, present applications have been filed by the present counsel as per law. It is contended that appellant being a senior citizen and paralytic patient, was dependent upon his counsel. Therefore, appellant could not follow up his case. The delay in filing the restoration application is unintentional and bona fide. It is, therefore, prayed that delay be condoned and appeal be restored.

6. Learned counsel appearing for respondents on the other hand has opposed the present applications. It is submitted that not only the present application for restoration is highly belated, but the writ petition that was filed on behalf of appellant herein had also been filed belatedly after a long delay of 14 years after imposition of penalty upon him by order dated 25th October, 2005. It is, therefore, prayed that the present applications be dismissed.

7. Upon hearing counsel for the parties and perusing the record, it is manifest that appellant has been negligent and derelict in pursuing the present appeal. There was no appearance on behalf of appellant on 06th August, 2021 and thereafter on the next date, i.e., on 20th January, 2022. Subsequently, when the present appeal was listed on 06th May, 2022, adjournment was sought on behalf of appellant on the ground that the counsel had recently been engaged in the matter. Thereafter, adjournment was again sought on behalf of appellant when the matter was next listed on 21st July, 2022. The matter was adjourned to 22nd November, 2022. However, there was no appearance on behalf of the appellant on 22nd November, 2022, when the matter was dismissed in default. The present applications for restoration of the present appeal have come to be filed belatedly after a long delay of 214 days.

8. There is no plausible explanation given on behalf of the appellant. There is inordinate delay on the part of appellant in filing application for restoration. Such delay has not been explained satisfactorily.

9. Perusal of record further reveals that appellant herein was careless and indolent in approaching this Court even in the first instance at the time of filing writ petit