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Judgment
Meenakshi Madan Rai, J
Learned Government Advocate for the Appellants verbally seeks time on grounds that now the Learned Advocate General shall be arguing the matter.
On perusal of the records in the open Court, it is seen that consistently the Appellants have been seeking time from the year 2020.
Records also reveal that due to the delay caused by the Appellants, cost of ₹ 5,000/- (Rupees five thousand) only, had been imposed by this Court on the Appellants, vide Order dated 26-04-2021, to be paid to the Sikkim State Legal Services Authority, Gangtok. This was complied with accordingly and the Court intimated of it on 10-07-2021. Thereafter, vide Order dated 17-08-2021, Learned Government Advocate appearing for the Appellants had again sought for time to file better affidavit for which further costs of ₹ 2,000/-(Rupees two thousand) only, were imposed.
Although it was submitted on 01-09-2021 that costs of ₹ 2,000/-(Rupees two thousand) only, were deposited, the Appellants did not specify as to who the costs had been deposited with.
Be that as it may, despite the delay of 633 days’ in filing the Appeal, the delay was condoned by this Court, vide Order dated 09-06-2023, yet the Appellants insist on further delaying the matter on one ground or the other.
In view of the submissions advanced today, I am of the considered opinion that the ground advanced for adjournment is not adequate nor reasonable. However, in view of the circumstances, adjournment is permitted, subject to payment of costs of ₹ 7,000/- (Rupees seven thousand) only, for further delaying the matter. The amount shall be deposited with the Sikkim State Legal Services Authority, within a fortnight from today, which shall be utilized for providing infrastructural requirements in Lee Aal Old Age Home, Tintek, East Sikkim.
List on 22-10-2024, as found convenient by the parties.