The present Civil Application has been filed by the application-GIDC for condonation of delay under Section 5 of the Limitation Act of 59 days caused in filing the First Appeal on the grounds stated in the application inter alia that some time was spent in getting approval with Legal Department an the DICD, thereafter, there was communication gap between the Corporation and the advocate, which has consumed time and delay has been caused.
Heard learned counsel, Mr.Rituraj Meena for the applicant. Though served, no one has appeared.
In view of the grounds mentioned for explaining the delay, sufficient cause can be said to have been made out for condonation of the delay. The Hon'ble Apex Court in catena of judicial pronouncements has laid down the guidelines with regard to the approach in such matter of condonation of delay, particularly when it is Government or Government body including the observations made by the Hon'ble Apex Court in case of Oriental Aroma Chemical Industries Ltd., Vs. Gujarat Industrial Development Corporation & Anr., reported in (2010) 5 SCC 459, the present civil application deserves to be allowed.
The delay is condoned. The application stands disposed of as allowed. Rule is made absolute.
(RAJESH H.SHUKLA, J.) /patil Top