A statutory authority like JDA should not be made to suffer for the negligence of its officers.

ORDER :

1. This application has been filed on behalf of Jaipur Development Authority inter alia with the prayer to review and recall the order dated 5.10.2016 by which the Civil Misc. Appl. No. 55/2011 filed by them was dismissed in default. The present application is time barred having been filed with delay of 485 days.

2. Shri Amit Kuri, learned counsel for the appellant submits that the aforesaid application was filed by JDA for review and recall of the order dated 24.1.2008 by which the appeal of the JDA was dismissed as not pressed, whereas the JDA did not ever intend not to press the appeal. The proxy counsel on behalf of the advocate engaged by the JDA simply made a request for adjournment, but the court has dismissed the appeal as not pressed.

3. Shri Amit Kuri, learned counsel for the appellant has submitted that the notice of application No. 55/11 was issued on 26.8.2011 and the Court stayed the execution of the award pending before the reference Court. Service was complete on 10.10.2011, however, the respondent filed the reply in 2015. The review application was filed by the then counsel for the JDA, but later on when he ceased to be JDA's counsel, the matter was entrusted to the new counsel. However, when the matter came up before the Court on 4.2.2015, the Court directed that name of earlier counsel Shri Dinesh Yadav be shown in the cause list, whereas according to Shri Amit Kuri, he too was no longer counsel for the JDA. When the matter was next listed on 19.9.2016, Shri Amit Kuri appeared and sought time to take instructions. He then informed the JDA about the matter. The JDA thereafter engaged Shri Rajendra Prasad, the then Additional Advocate General to appear in the matter. It was against the backdrop of these facts that the matter was listed before this court on 5.10.2016. On that date, the request for adjournment was made by Shri Ashish Sharma, learned counsel appearing on behalf of Shri Rajendra Prasad, learned Additional Advocate General. This Court not only declined the request of adjournment, but dismissed the application in default.

4. To explain the delay in the present application, Shri Amit Kuri, learned counsel for the appellant has referred to the averments of the application for condonation of delay. He has submitted that the Officer-in-charge having come to know about the dismissal in default, requested the counsel Shri Rajendra Prasad by letter dated 13.10.2016 to file restoration application. However, it appears that the letter dated 13.10.2016 could not be personally given to him and the Officer-in-charge of the JDA did not pursue the matter any further. The respondent filed an application in the pending execution application for amendment of the execution application No. 9/1999, on 3.1.2018. The Director Law wrote a letter dated 19.1.2018 to Dy. Commissioner Zone-1, the Officer-in-charge, JDA, Jaipur stating that appeal of the JDA was dismissed on 5.10.2016 and the execution application for recovery of eight crores rupees was filed, in which 2.2.2018 has been fixed as the next date and therefore he should take steps to get the appeal restored. Copy of the aforesaid letter was endorsed to Shri Rajendra Prasad, learned AAG for taking early steps to get the appeal restored.

5. Reliance is placed on another letter dated 25.1.2018 addressed by the Officer-in-charge to Shri Rajendra Prasad, learned AAG with the same request. It is contended that in this letter, reference of earlier letter dated 13.10.2016 was given with which the main file was provided in the office of learned Additional Advocate General. Learned counsel submitted that since the matter is having huge stakes and this Court finding merit in the review application has while issuing notices, stayed the execution of the award pending before the reference Court in favour of the applicant. The matter ought to have been therefore decided on merits, rather than being dismissed in default, especially when the proxy counsel was present and made a