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2024 Supreme(Jhk) 345

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Jharkhand State Electricity Board, Ranchi – Appellant
Versus
Rukaiya Khatoon, W/o. Late Wahihuddin – Respondent


Advocates Appeared:
For the Appellants : Mr. Sachin Kumar.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 5142 of 2022

1. This Interlocutory Application has been filed for condoning the delay of 444 days which has occurred in filing the instant appeal.

2. It has been contended on behalf of the appellants by giving explanation in the delay condonation application that the order impugned has been passed during the period when pandemic Covid19 was prevalent. It has been contended by referring to the judgment passed by the Hon’ble Apex Court in Miscellaneous Application No.21 of 2022 in Suo Motu Writ Petition (C) No.03 of 2020, whereby and whereunder the period of limitation during pandemic Covid-19 period has been waived and by taking into consideration the aforesaid judgment, the appeal is said to be filed after delay of about 16 days only. The learned counsel for the appellants in view of the aforesaid explanation has submitted that the delay in filing the instant appeal may be condoned.

3. This Court is conscious with the issue that the delay irrespective of the period is to be condoned depending upon the sufficient cause if shown by the litigant concerned.

4. The “sufficient cause” has been defined by the Hon’ble Apex Court in the case of in

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