An application for extension of time to comply with a court order will be dismissed if the applicant fails to show 'sufficient cause' for an extraordinary delay, particularly when the reasons provided are not satisfactorily explained.

Order On Board

1. Office objections are overruled.

2. Heard on admission.

3. The instant MCC has been filed by the applicant along with the application for condonation of delay in filing the instant MCC seeking extension of time to comply with the order of this Court dated 12.02.2024 passed in MCC No.316 of 2022 which was filed for restoration of SA No. 348 of 2009.

4. Mr. Shikhar Sharma, learned counsel for the application would submit that the delay caused in filing the instant MCC is unintentional. He would also submit that to comply with the order of this Court passed on 12.02.2024 passed in MCC No.316 of 2022, counsel tried to contact with the applicant but he could not make it as the contact number which was given by the applicant to his counsel got changed and on that account information could not be given to the applicant and, therefore, order dated 12.02.2024 could not be complied with within stipulated time. He would further submit that the applicant is an agriculturist and he was busy in doing the agricultural activity and due to which he could not contact his counsel to get the information about the status of the case and after knowing the status of the case the instant MCC has been filed, therefore, he prays for condonation of delay in filing the instant MCC and also for extension of time to comply with the order of this Court dated 12.02.2024.

5. Mr. Amit Buxy, learned State counsel, would oppose the prayer made by learned counsel for the applicant.

6. Having heard learned counsel for the parties and after going through the application, it appears that MCC No.316 of 2022 was filed for restoration of S.A. No.348 of 2009 in which this Court has passed the order on 12.02.2024 for restoration of the said second appeal subject to payment of ₹2,000/- before the High Court Legal Service Committee and also directed to file proof thereof before this Court within 15 days from that day i.e. 12.02.2024. The said order has not been complied with within the stipulated time and for the delay the reason stated by learned counsel for the applicant is that since the contact number of the applicant got changed, learned counsel for the applicant could not inform about passing of the order in MCC No. 316 of 2022, right in time. However, the instant MCC for extension of time has been filed on 07.08.2026 after about 2 and ½ years, passing of MCC No.316 of 2022 and during that period there had been no communication between the applicant and the counsel regarding the case and even otherwise, the said delay of more than two years has not been satisfactorily explained. Furthermore, nothing has been stated by the learned counsel for the applicant that what efforts had been taken by applicant to know the status of case and also what steps had been taken by learned counsel for the applicant to inform about the status of the case to the applicant. Since the applicant failed to show any "sufficient cause" for not complying with the order passed in MCC No.316 of 2022 and also for such an extraordinary delay i.e. almost 2 and ½ years in filing the instant MCC, the instant MCC seeking extension of time is dismissed. No cost(s).