(Per : HONOURABLE MR.JUSTICE C.L. SONI) Mr.Raval appears for respondents in Civil Application Nos.12268 and 12269 of 2011 and nobody appears for the respondents in rest of the matters.
In these applications, the applicants seek condonation of delay of 578 days in filing First Appeals against the judgment and award passed by the Reference Court in respective reference cases. Learned AGP has taken us through the contents of para 3 of the applications and pointed out that because of the grounds stated in the said paragraph, delay has been caused in filing First Appeals. In para 3, the applicants have explained the delay by stating that in order to take approval from the respective Departments for the purpose of filing the appeals, as also since the files, after the Reference Court passed the award, were required to be moved from the Departments, delay in filing the appeals has been caused. Mr. Raval who has appeared in two applications being Civil Application No.12268 and 12269 of 2011 has opposed the applications stating that delay has not been satisfactorily explained by the applicants. Mr. Raval pointed out that in fact, the applicants have deliberately not filed the appeal within the time limit and and there is no explanation at all for keeping the files pending with the Department.
We are, however, of the opinion that the applicants have sufficiently explained the delay caused in filing the First Appeals. We, therefore, allow these applications and condone the delay occurred in filing the appeals. However, since delay is of 578 days, we deem it proper to impose cost of Rs.1000/- each of the applications. Accordingly, all these Civil Applications are allowed. Delay is condoned. Four weeks time is granted to deposit the amount of cost. Of course, the respondents-claimants will be at liberty to withdraw the amount of cost. Rule is made absolute accordingly.
(Akil Kureshi J.) (C.L.Soni, J.) (vjn) Top