The present Civil Application has been filed by the applicant-State for condonation of delay under Section 5 of the Limitation Act of 448 days caused in filing the First Appeal on the grounds stated in the application inter alia the procedural delay in getting necessary approval after getting necessary approval after completing the formalities under Law Officers' Rule.
Heard learned AGP Mr.Banaji for the applicants and learned counsel, Mr.K.M. Sheth for the original claimant.
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 has laid down the guidelines with regard to the approach in such matter of condonation of delay 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