(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Rule.
Learned AGP, Mr. Rindani waives service of notice of rule on behalf of the respondent.
Appellant seek condonation of delay of 701 days in filing first appeal. Counsel for the applicant pointed out that this appeal is in the nature of cross appeal. The Government has already preferred independent appeal against the impugned judgement and award of the reference court. Such appeal came to be admitted by this Court on 03.02.2012.
In view of the facts and circumstances of the case, we are inclined to condone the delay in filing the first appeal. It is true that there is considerable delay in filing the appeal. However, even by virtue of Government's appeal being admitted independently, the applicant would have right to file cross objection for which sufficient ground is available. In view of these factors, delay is condoned. Civil Application is disposed of accordingly. Rule is made absolute.
[AKIL KURESHI, J.] [C.L.SONI, J.] JYOTI Top