PCIT Vs Khajuraho Builders And Construction Pvt Ltd (Madhya Pradesh High Court)
Madhya Pradesh High Court held that it is settled law that for the fault of the counsel, the litigant should not be made to suffer. Thus, petition allowed with a suggestion to counsel for the applicant to invest one hour of community service while visiting Mercy Home.
Facts- The instant MCC has been preferred by the applicant seeking restoration of ITA No.89/2024 which got dismissed vide order dated 23.08.2024 by the Principal Registrar for non-compliance of the premptory order dated 01.07.2024. Petitioner submits that due to mistake on part of counsel for the petitioner, default was not cured and application for condonation of delay was not filed, which resulted in dismissal of ITA. He further submits that the said mistake was bonafide, therefore, this ITA, which is duly supported by an affidavit deserves to be allowed.
Conclusion- Held that the applicant appear to be genuine and bonafide. Looking to the nature of cause and bonafide intents as well as settled law that for the fault of the counsel, the litigant should not be made to suffer. Thus, the present petition allowed.
A suggestion has been given to counsel for the applicant to invest one hour of community service while visiting Mercy Home namely Madhav Andha Ashram, (Gwalior) with some food items/snacks of Rs.1000/- and spend one hour with the children/ inmates/ families, who are of humble background and are being taken care of by the NGO/Society sponsored by State Government. This community service of one hour would not only be satisfying to the soul but would also give a message to the differently abled children that society and its members care for them and that they are not considered as the children of the Lesser God.
