The High Court of Karnataka has dismissed an appeal filed by the National Highway⛎s Authority of India challenging an order passed in favour of a land owner, refu🔯sing to condone the delay of 270 days in filing the appeal.
A Sessions Court in Mandya had passed the order in f✨avour of a land ow🦋ner under the Arbitration and Conciliation Act on March 30, 2021. After a delay of 605 days the NHAI approached the High Court with an appeal.
By this time, the land owner, Meera Shivalingaiah had filed an execution petition🎉 to implement the Sessions Court order. NHAI had filed its objections to the execution petition and then approached the H🔯C with an appeal against the Sessions Court order.
Opposing the appeal, Meera Shivalingaiah contended that "thജe only reason forthcoming is that matter was sent for legal opinion and the file could not be found and could not be traced, a😼re not the cogent reasons."
Citing a Supreme Court judgement, the HC said just because the g🍰overnment is involved the delay cannot be condoned.
"With regard to the sufficient cause is concerned, merely because the goveꦡrnmentꦕ is involved, a different yardstick for condonation of delay cannot be laid down. In the case on hand, no doubt the appeal is filed by National Highway Authority and there was no need to take opinion for a period of two years and apart from that even appellants had the knowledge about filing of execution petition and in the said execution petition participated and filed statement of objections on 2.6.2022 itself and even immediately after filing statement of objections appeal was not filed," Justice HP Sandesh said in his recent judgement.
-With PTI Input
