(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Applicants-
original defendants seek condonation of delay of 847 days in filing the appeal. The appeal is directed against the judgment and decree dated 21.3.2009 passed by learned 3rd Additional Senior Civil Judge, Bhavnagar in Special Civil Suit No.219 of 1995. By the said judgment, the learned Judge was pleased to quash the electricity bill of appellant No.1 Company of Rs.14,48,135/- and further directed the Company to refund sum of Rs.74,406/- paid by the plaintiffs while filing appeal before the Appellate Committee against such bill.
2. Learned advocate for the applicants submitted that the advocate for the Electricity Company never informed the Electricity Company about passing of the judgment and decree and the applicants came to know about the same only when the plaintiffs sought execution thereof and a communication was received by the applicants to this effect on 21.11.2010. She further pointed out that thereafter, steps were taken to take decision about the appeal against the judgment and decree of the Civil Court. But, as per the administrative set up, approval had to be taken from Zonal Office, which was granted on or around 14.6.2011. Advocate was requested to file appeal accordingly, which process also took some time.
3. The respondents have appeared and filed their reply opposing the delay condonation application.
4. Having heard the learned counsel for the parties and having perused the pleadings on record, we do notice that there is considerable delay in filing appeal. However, substantial portion of delay is attributed to non-communication of the decision of the Civil Court to the applicants by their advocate.
5. Taking into account the totality of the facts and circumstances of the case, application is allowed. Delay is condoned. However, the applicants shall pay cost of Rs.5,000/- (Rupees Five Thousand only) to the respondents latest by 29th February 2012. Rule is made absolute.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top