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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Kundan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has challenged the appellate order passed by Assistant Registrar Cooperative Societies, Una, District Una, H.P., dated 29.10.2019, in an Appeal preferred under Section 93 of the H.P. Cooperative Societies Act, 1968, against the order dated 22.04.2019, passed by Arbitrator-cum-Retired District AuditOfficer, Cooperative Societies, Una.
2. This writ petition, in terms whereof the appellate order that was passed on 29.10.2019 stands challenged, was filed in this Court on 20.07.2023.
3. When this Court asked the learned counsel appearing for the petitioner as to what is the justification in assailing the order that was passed in the year 2019 after 3 ½ years, learned counsel drew the attention of the Court to Paragraph No.14 of the writ petition and submitted that in terms of the averments made therein, the petitioner, who was being represented by his counsel namely Mr. Vikas Kashyap, was not apprised by Mr. Vikas Kashyap of the passing of the order by the Appellate Authority. When the petitioner contacted his counsel for taking his brief back on 30.05.2023, he was asked to come again as on account of the shifting o
The court ruled that a delay of 3 ½ years in filing a writ petition was unjustified, emphasizing the need for timely action in legal proceedings.
Judicial discretion must be exercised appropriately in deferring the filing of an appeal beyond statutory limits.
The acceptability of the explanation for delay is the primary criterion in the condonation of delay, and the length of delay is not decisive. The court should not interfere with the exercise of discr....
The main legal point established in the judgment is the need for a liberal approach in condoning delay to provide substantial justice to the parties, as emphasized by the principles laid down by the ....
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