The present Civil Applications have been filed by the Applicant - State under Section 5 of the Limitation Act for condonation of delay in filing the aforesaid First Appeals on the grounds stated in the Applications inter alia the procedural delay in getting necessary approval after completing the formalities and necessary instructions from the Legal Department, which has consumed time.
Heard learned AGP Mr. Ronak Raval for the Applicant - State and learned Advocate Mr. Vijay Raval, who has instructions to appear for the Opponents. Learned Advocate Mr. Raval has stated that he will be filing his appearance during the course of the day.
Learned AGP Mr. Ronak Raval, referring to the details has submitted that the matter was being pursued and there is no negligence, but it required procedure in the department. He therefore submitted that the present Applications may be allowed.
Learned Advocate Mr. Vijay Raval for the Opponents has resisted the Applications.
In view of the guidelines laid down by the Hon'ble Apex Court with regard to approach in such matters of condonation of delay particularly the observations made by the Hon'ble Apex Court in case of Oriental Aroma Chemical Industries Limited v. Gujarat Industrial Development Corporation and Another, (2010) 5 SCC 459 with regard to broad guidelines in such matters and the delay which may take place due to the Government machinery, the present Civil Applications deserve to be allowed.
In the circumstances, the present Civil Applications stand allowed. Delay is condoned. Rule is made absolute.
(Rajesh H.
Shukla,J) Jayanti* Top