Manipur High Court
State Of Manipur vs Late Shri Sairem Ibomcha Singh on 16 January, 2025
SHAMURAILA Digitally signed by
SHAMURAILATPAM
TPAM SUSHIL SUSHIL SHARMA
Date: 2025.01.23
SHARMA 14:20:50 +05'30'
Item No. 21
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC (Mac. App.) No. 2 of 2024
State of Manipur
Applicant
Vs.
Late Shri Sairem Ibomcha Singh, represented by his legal heirs,
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
ORDER
16.01.2025
Mr. M. Devananda, learned Additional Advocate, appears for the
applicant.
Ms. A. Binarani, learned counsel, appears for respondent Nos. 1-6.
Mr. RK Umakanta, learned senior counsel, appears for respondent No. 7 and Mr.
Th. Ibohal, learned senior counsel, appears for respondent No. 8.
The present application has been filed by the State of Manipur,
praying as follows:
“In the above premises, it is most respectfully prayed that Your
Lordship may graciously be pleased to accept the explanation in the above
Paragraphs as sufficient cause for condoning the unintentional delay of
479 (Four Hundred Seventy Nine) days in filing the accompanying Motor
Accident Claim Appeal and be heard the case on merit in the interest of
justice.”
Para 4 of the application sets out the reasons for the delay in taking
steps by the authorities in filing the accompanying Motor Accident Claim Appeal.
MC (Mac. App.) No. 2 of 2024 Page 1
Counter affidavit has been filed by respondent Nos. 1-6, objecting
the condone delay application stating that the explanation given by the applicant
is not satisfactory and seeks for dismissal of the same.
We have perused the averments given in the affidavit as well as the
particulars furnished by the applicant to condone the delay.
Considering the reasons given in the affidavit, this Court is of the
view that the explanation submitted by the applicant department is satisfactory in
the light of the decision of the Hon’ble Supreme Court in the case of Esha
Bhattacharjee Vs. Raghunathpur Nafar Academy, reported in (2013) 12
SCC 649, and considering the inordinate delay, as a fit case, for imposing cost to
condone the delay of 479 days in filing the accompanying appeal.
In view of the above, the applicant is directed to deposit a sum of
Rs. 5,000/- (Five Thousand) to the High Court Bar Association, Manipur, for the
purpose of Internally Displaced Persons (IDPs) within two weeks and list the
matter on 30.01.2025 for reporting compliance.
The
CHIEF JUSTICE
Sandeep
MC (Mac. App.) No. 2 of 2024 Page 2