Supreme Court - Daily Orders
Biswajit Das vs Union Of India on 21 July, 2023
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NOS. 95421 & 95422 OF 2023
IN
MISCELLANEOUS APPLICATION DIARY NO. 19263 OF 2023
IN
CIVIL APPEAL DIARY NO. 7192 OF 2013
BISWAJIT DAS …..APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT(S)
ORDER
By way of these applications, the applicant has prayed for condonation of delay and for restoration of Civil Appeal Diary No. 7192 of 2013 in which, on 27.07.2015, the following order was passed: -
“In all these cases, despite several opportunities granted to the learned counsel for the parties, the defects are not being cured. Learned counsel for the applicant(s)/petitioner(s)/appellant(s) make a fervent plea seeking further time for curing the defects. They are accordingly, granted a further period of six weeks by way of last chance making it clear that in case the defects, as pointed out by the Registry, are not cured within the aforesaid period of six weeks from today, the applicants/petitions/cases/ appeals shall stand dismissed without further reference to the Court.” As per office report, the applicant had moved the application for restoration after curing the defects on 03.05.2023, which is reported to be barred by time by 2094 days.
The contention of the learned counsel for the applicant is that Signature Not Verified the applicant had been suffering from various ailments Digitally signed by Neetu Khajuria including Date: 2023.07.25 10:26:18 IST liver ailment and, therefore, could not timely take Reason:
appropriate steps.2
On being specifically asked whether there is any medical certificate to indicate that during this entire period, the applicant was advised bed rest and, therefore, could not move out of station, the learned counsel for the applicant submitted that though there is no specific certificate to show that the applicant was advised bed rest and was not allowed to leave the station during this entire period but he had been ailing.
In light of the above, bearing in mind that the order dated 27.07.2015 had allowed six weeks’ time, by way of last chance, to cure the defect, while the application is beyond time by 2094 days and the delay for the entire period has not been properly explained, I do not find a good reason to condone the reported delay of 2094 days to restore the matter.
Accordingly, the Miscellaneous Application alongwith Interlocutory Application (s) stand rejected.
.......................J. (MANOJ MISRA) NEW DELHI;
JULY 21, 2023.
3ITEM NO.1704 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 19262/2023 BISWAJIT DAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 95422/2023 - CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION IA No. 95421/2023 - RESTORATION) Date : 21-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MANOJ MISRA [IN CHAMBER] For Petitioner(s) Mr. Varinder Kumar Sharma, AOR Mr. Mehley S.P. Singh, Adv.
Ms. Sakshi Mehley, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Miscellaneous Application alongwith Interlocutory Application(s) stand rejected in terms of the signed order. Pending application(s), if any, stand disposed of.
(POOJA SHARMA) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
(Signed order is placed on the file)