MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON KISHAN LAL SONI V/S NAV BHARAT PRESS AND OTHERS

JABALPUR, India, May 1 -- Madhya Pradesh High Court issued the following judgment/order on March 31:

1. 1. Heard on IA No.4535 of 2026, which is an application for condonation of delay of 615 days in filing the instant application for restoration of Review Petition No.536 of 2023, which was dismissed on 20.05.2024 due to nonappearance of the applicant and his counsel.

2. The applicant preferred Review Petition No.536 of 2023 seeking review of order dated 29.03.2023 passed by the Co-ordinate Bench in Writ Appeal No.368 of 2023. The Review Petition was came up for hearing on 09.05.2024 however, no one appeared on behalf of applicant on the said date though the case was called on two occasions and, thereafter, the case was adjourned. The case was again listed on 20.05.2024 and after calling the case on two occasions, no one appeared on behalf of applicant and the defaults were also not cured, considering the same, the Review Petition was dismissed in default on 20.05.2024.

3. The instant restoration application has been moved on 24.02.2026 after a delay of 615 days. IA No.4535 of 2026 is moved for condonation of delay, wherein it is simply mentioned that when the applicant contacted with the counsel, he came to know about dismissal of review petition and thereafter, he filed the restoration application and in view of the same, the delay deserves to be condoned.

4. Learned counsel for applicant submits that the delay occurred due to failure on the part of the applicant to contact his lawyer and, therefore, the delay be condoned.

5. After perusal of the application, it appears that no explanation is offered on behalf of applicant, much less the sufficient ground for condonation of delay. In the application, it is mentioned that the applicant when contacted with the counsel, the restoration application has been filed and in view of the same, the delay deserves to be condoned. There is inordinate delay of 615 days and the applicant is utterly failed to explain the delay or assign any plausible and acceptable ground.

6. Considering the contents of the application and the arguments advanced by learned counsel for applicant, we do not find any ground for condoning the delay. The delay of 615 days cannot be condoned in a mechanical manner and consequently, IA No.4535 of 2026 is dismissed being sans merit.

As the condonation of delay application has been dismissed, MCC is also dismissed.

Disclaimer: Curated by HT Syndication.