HC admonishes Markfed for ‘casual manner’, refuses to condone 1,120-day delay

The Punjab and Haryana High Court has admonished the Punjab State Cooperative Supply and Marketing Federation Ltd (Markfed) for dealing with litigation in a “casual manner” while dismissing its appeal against the refusal to restore a writ petition filed more than two decades ago. The Bench made it clear that the huge delay of 1,120 days in seeking restoration could not be brushed aside merely because the appellant was an instrumentality of the State.

“We are in agreement with the order of the Single Bench declining the application for restoration of the writ petition. Admittedly, the appellant is an instrumentality of the State and ought to have promptly approached the Court seeking restoration of the writ petition. Merely because it is an instrumentality of the State, the huge delay of 1,120 days in filing the application for restoration of the writ petition cannot be condoned,” the Division Bench observed while dismissing the appeal.

The Bench of Justice Anupinder Singh Grewal and Justice Deepak Manchanda further admonished by asserting that the appellant had not been able to make out sufficient cause for condonation of “huge delay” in filing the application for restoration of the writ petition.

“Even the order dismissing the writ petition in default was on account of non-appearance of the counsel for the appellant, therefore, it appears that the case has been dealt with in a casual manner. The appellant ought to have been diligent in pursuing its legal remedies,” the court added.

The Bench asserted that the Supreme Court had permitted some latitude to the State and its instrumentalities in explaining procedural delays, but this could not be stretched to the extent of condoning inordinate lapses. “It has been held by the Supreme Court that some latitude can be shown to the State or its instrumentalities while condoning the delay as the matter is dealt at several levels and time may be consumed in taking decision. However, it has also been held that undue indulgence to the State for huge unexplained delays ought not to be shown,” the Bench added.

The case arose from Markfed’s writ petition filed in 1999, challenging an order of the same year. The petition was dismissed for want of prosecution on April 9, 2019. Its application for restoration was moved only in 2023, after a gap of over three years, which was partly attributed by the appellant to the Covid-19 pandemic.

Finding “no manifest illegality” in the Single Bench’s decision declining restoration, the Division Bench dismissed the appeal as “devoid of merit.”