N.M Dubash Stone And Lime Company Pvt. Ltd. vs Union Of India

NEUTRAL CITATION NO. 2026:MPHC-JBP:52634
1 MCC-1710-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE VINAY SARAF
th
ON THE 16 OF JULY, 2026
MISC. CIVIL CASE No. 1710 of 2026
N.M DUBASH STONE AND LIME COMPANY PVT. LTD. AND OTHERS
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Tarun Sengar - Advocate for the applicants.
Shri Shri Sanjay Patel - Advocate for the respondents No.1 & 2.
ORDER
Per: Justice Anand Pathak
Heard on I.A. No.14148/2026, which is an application under Section 5 of
the Limitation Act for condonation of delay of 6 days.
2. It is the submission of learned counsel for the applicants that after
dismissal of Writ Appeal No.3142/2025 vide order dated 30.04.2026, applicants
were under the impression that the application seeking restoration has to be filed
within 30 days. However, due to ongoing summer vacation, the same could be
filed on 02.06.2026. Since, case bears merits and therefore, deserves to be argued
on merits in the interest of justice. Sufficiency of cause is made out.
3. Learned counsel for the applicants referred the judgments of Hon'ble
Apex Court in the cases of Motilal Songara v. Prem Praksh alias Pappu and
another, (2013) 9 SCC 199, Sheo Raj Singh (Deceased) through Legal
Representatives and others v. Union of India and others, (2023) 10 SCC 531 and
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-07-2026
20:40:28

NEUTRAL CITATION NO. 2026:MPHC-JBP:52634
2 MCC-1710-2026
Vishnu Vardhar @ Vishnu Pradhan v. State of Uttar Pradesh and others, 2025

SCC Online SC 1501. Therefore, to address on merits, it is imperative that delay
be condoned and the matter be heard on its own merits.
4. Learned counsel for the respondent opposed the prayer and prayed for
dismissal of the application.
5. In consideration of application for condonation of delay, sufficiency of
cause is the prime consideration. Considering the submissions and looking to the
nature of dispute and reasons assigned in the application and as submitted by
counsel for applicants, sufficiency of cause is made out, therefore, delay of 6 days
in filing the appeal is hereby condoned.
6. I.A. No.14148/2026 stands disposed of.
7. Heard on admission.
8. The instant MCC has been preferred by the applicants seeking restoration
of Writ Appeal No.3142/2025, which was dismissed for want of prosecution of
order dated 25.02.2026 of co-ordinate Division Bench of this Court.
9. Learned counsel for the applicants submits that the dismissal of the
appeal was neither deliberate nor intentional, but occurred due to circumstances
beyond the control of applicants and the arguing counsel, therefore, the applicants
ought not to be made to suffer irreparable prejudice on account of such
unavoidable procedural circumstances. Hence, learned counsel for the applicants
prays for restoration of W.A. No.3142/2025 to its original number.
10. Heard counsel for the parties and perused the impugned order.
11. The reasons assigned by learned counsel for the applicants appear to be
genuine and bonafide. Looking to the nature of cause and bona fide intents as well
as settled law that for the fault of the counsel, the litigant should not be made to
suffer (See: AIR 2001 SC 2497, M.K. Prasad Vs. P. Arumugam, 2007 (5) MPHT
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-07-2026
20:40:28

NEUTRAL CITATION NO. 2026:MPHC-JBP:52634
3 MCC-1710-2026
470, Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran), the

present application deserves to be and is hereby allowed.
12. At this stage, instead of imposing cost, a suggestion was given to
counsel of applicants to visit at Maa Narmada Vriddh Ashram, Gwarighat,
Jabalpur with some food items/snacks/fruits of Rs.1,000/- (Rupees One Thousand
Only) and spend an hour with the 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 old aged people that
society and its members care for them and that they are not considered as the old
people of the Lesser God.
13. The said suggestion is not punitive in nature and compliance of it is
at the discretion of counsel for the applicants.
14. Graceful enough in their disposition, suggestion is readily accepted by
counsel for the applicants and he undertakes that applicants would not only visit
the old age home but would also carry some food items of Rs.1,000/- with them
and spend one hour time with them to understand them and to satisfy themselves
while doing such a pious work.
15. Appreciating the gesture shown by counsel for the applicants with the
earnest hope and belief that the counsel would visit the aforesaid place within 15
days from today and spend one hour time with the old people/inmates/ families of
the mercy home and bring smile on their face and satisfy their soul. It is expected
that any Government Advocate or other advocate may also accompany the counsel
for this purpose.
16. This is a test case to give concept of 'Social Audit' a chance to gain
grounds. Responsible and Resourceful persons of the Society who are occupying
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-07-2026
20:40:28

NEUTRAL CITATION NO. 2026:MPHC-JBP:52634
4 MCC-1710-2026
important positions in the Department of Administration/ Education/ Health/

Legal and other related fields including Professionals like Chartered Accountants/
Doctors/ Lawyers etc., to take some responsibility to visit the places (like
orphanage/ old age home/ mercy home/ one stop center etc.) where persons with
disability/ orphans/ old age people/ victims of the crime and other destitute are
institutionalized so that they can come to know about the plight of these inmates
and would be able to contribute while raising their standards of living and to
create sense of well-being amongst them. Inmates who are living in such
institutions would also feel that they are not left out by the society and the society
is still eager to take them into its fold. This way, they would come in the main
stream also.
17. Another important effect of the Social Audit is that Management
of those Institutions sometime misbehave or cause mischief to the
inmates especially children and females living there and this way, they
would always be cautious that the society is keeping eyes over their
working. Therefore, evolution of concept of Social Audit and its
effective implementation is the need of hour. Policy makers especially
Department of Women and Child Welfare Development (DWCD), Deptt. of
Social Justice and Police Department must come out with some tangible
solution in this regard.
18. Therefore, keeping the said spirit, counsel for the applicants is
directed to submit a report regarding his visit to Maa Narmada Vriddh
Ashram, Gwarighat, Jabalpur within fifteen days elaborating their experience and
status of old age home with suggestions, if any, in the litigation (W.A.
No.3142/2025), which is going to be restored by this order.
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-07-2026
20:40:28

NEUTRAL CITATION NO. 2026:MPHC-JBP:52634
5 MCC-1710-2026
19. On submission of the report and affidavit as accepted by counsel for the

applicants, W.A. No.3142/2025 shall be restored to its original
number. Accordingly, instant application for restoration is allowed subject
to compliance of the direction as referred above and Writ Appeal No.3142/2025
is restored to its original number.
20. Copy of this order be kept in the file of W.A. No.3142/2025
for record/compliance purpose.
21. Copy of this order be also sent to the Chief Secretary/
Principal Secretary, Women and Child Development Department, Department
of Social Justice and Secretary Juvenile Justice Committee M.P. High Court for
information and contemplation.
22. With the aforesaid, the application stands disposed of.
(ANAND PATHAK)
(VINAY SARAF)
JUDGE
JUDGE
Divyansh

Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-07-2026
20:40:28