Madhya Pradesh High Court
State Of M.P. vs Anjana Agrawal on 20 January, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
FA No. 1190 of 2022
(STATE OF M.P. Vs ANJANA AGRAWAL)
Dated : 20-01-2023
Shri R. Mathai- Advocate for the appellant/State.
None for the respondent though served and represented.
Heard on I.A No. 8417/2022, an application for condonation of delay in filing the appeal.
The appeal is barred by 53 days.
It is submitted by counsel for the appellant that since the State works through its functionaries and certain formalities are required to be completed before filing an appeal, therefore, the delay has occurred and a lenient view may be taken for condoning the delay.
It is true that the state has to function through its functionaries and sometimes, some delay may occur because of procedural formalities and there is a delay of only 53 days.
It is settled law that every attempt should be made to decide the dispute on its merits instead of throwing it on technical ground, therefore,, I.A. No. 8417/2022 is allowed.
The delay in filing the appeal is hereby condoned. Record of the Court below has been received. The appeal being arguable, is admitted for final hearing. Also heard on I.A. No. 8416/2022, an application for grant of stay. List this case after two weeks for consideration of the said application.
(G.S. AHLUWALIA) Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 20-01-2023 18:03:26 2 JUDGE ashish Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 20-01-2023 18:03:26