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M/S CLOUD 9 BUILDERS v. HAZI ARIF

Supreme Court of India | Diary 10151/2020

Status

ROP - of Main Case

Decided On

31-07-2020

Bench

HON'BLE MR. JUSTICE L. NAGESWARA RAO, HON'BLE MR. JUSTICE HEMANT GUPTA and HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Petitioner

M/S CLOUD 9 BUILDERS

Respondent

HAZI ARIF

Primary Holding

An inordinate and unexplained delay of 1187 days in filing an appeal is sufficient ground for dismissal, and a prior dismissal of a co-appellant's appeal on merits further fortifies refusal to condone such delay.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2020 (@ Diary No(s).10151/2020) M/S CLOUD 9 BUILDERS APPELLANT(S) VERSUS HAZI ARIF & ORS. RESPONDENT(S) O R D E R Heard learned counsel for the appellant. There is an inordinate delay of 1187 days in filing this appeal which we are not inclined to interfere. Moreover, the appeal filed by the Municipal Commissioner, Ghaziabad, against the impugned judgment was dismissed on 31.07.2017. The appeal is dismissed both on the ground of delay as well as on merits. However, this order shall not preclude the appellant from challenging any order passed in the execution Proceedings. .................... J. (L.NAGESWARA RAO) .................... J. ( HEMANT GUPTA ) .................... J. ( S.RAVINDRA BHAT ) NEW DELHI; 31ST July, 2020.

ITEM NO.12 Court 6 (Video Conferencing) SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL Diary No(s).10151/2020 (Arising out of impugned final judgment and order dated 07-10-2016 in OA No.16/2014 passed by the National Green Tribunal) M/S CLOUD 9 BUILDERS Appellant (s) VERSUS HAZI ARIF & ORS. Respondent(s) ( IA No.68379/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.68380/2020-EX-PARTE STAY and IA No.68378/2020- CONDONATION OF DELAY IN FILING APPEAL and IA No.68388/2020- EXEMPTION FROM FILING PAPER BOOKS ) Date : 31-07-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Vikrant Singh Bais, AOR Mr. Kumar Shashank, Adv Mr. Arvind Kumar Adv Mr. Subit Singh, Adv Mr. Abhay mishra Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed both on the ground of delay as well as on merits in terms of the Signed Order . Pending application(s), if any, shall stand disposed of. (Geeta Ahuja) (Anand Prakash) Court Master Court Master (Signed Order is placed on the file)

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