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2022 Supreme(Raj) 273

MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
Rajasthan Housing Board – Appellant
Versus
Dinesh Kumar Agarwal Son of Shri R. S. Kejriwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :J.K. Singhi, Sr. Advocate and Anuroop Singhi, Advocate.
For the Respondent:Pratyush Sharma, Advocate.

JUDGMENT :

1. This appeal is barred by 386 days.

2. In the application for condonation of delay, in order to explain long delay of 386 days, all that has been stated in the application is as below:-

    "3. That the special appeal against the impugned judgment and order dated 11/04/2019 could not be filed within prescribed period of limitation due to procedural formalities and process for taking decision and thereafter, lockdown started from 22 March, 2020 due to pandemic COVID-19, thus, the appeal could not be filed within the time.

4. That the respondent-appellant is not negligent in preferring the special appeal. The delay in filing the special appeal is not willful and intentional but a bonafide one which occurred due to procedural formalities."

3. From the aforesaid, it is clear that the appellant was completely indolent and lethargic in taking remedy. The impugned order was passed on 11.04.2019. Even according to the appellant the lockdown started only from 22.03.2020. There is no explanation of the delay upto 22.03.2020.

4. Their Lordships of the Supreme Court in two recent judicial pronouncements have deprecated this practice on the part of the State Authority in sitting over the mat

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