Shradha Gupta v. Amarchand Jain And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Criminal Revision No.133 of 2016 Shradha Gupta Versus Amarchand Jain & Ors.

17/08/2016 Shri Praveen Kumar Dhurandhar, counsel for the Applicant.

Shri BD. Guru, counsel for Non-Applicants No.1, 4 to 8 & 10.

Smt Smita Ghai, Panl Lawyer for the State.

Heard on IA No.1/2016 for condonation of delay of 254 days in filing the Revision.

In this application, the only ground given reads as under:- "The applicant who is lady wast not having the knowledge to the effect that forum is available for her to challenge the impugned order before this Honorable Court, even she was misguided to the availability of the forum, subsequently when she had the knowledge from legal persons and after having advice from the family member she approached the present counsel to file this instant revision, hence there has been delay of 254 days delay in filing revision."

The Non-Applicants in their reply have stated that the Applicant - Smt Sharda Gupta is a LLB graduate and was enrolled as an Advocate and practiced in District Dhamtari from 1991 to 1998. Along with the reply, certificate of Dhamtari Bar Association has been annexed. The husband of the Applicant is also an Advocate, who is still practicing in District Dhamtari.

Therefore, the contents furnished in the application on the face of it are absolutely false. The Applicant is guilty of withholding the material facts from this Court. She tried to give an impression that she being a lady, had no legal knowledge. It is stated in the reply that the Applicant had practiced law for 7 years and is now working as a School Teacher. The Applicant had filed the remedy of Appeal and it is difficult to believe that she would not know what was the further remedy available to her. Therefore, we feel that the explanation given is totally false and hence the same is accordingly rejected.

Sd/- Sd/- (Deepak Gupta) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya