1. The present civil applications have been filed for condonation of delay caused in filing the First Appeal under sec. 5 of the Limitation Act on the grounds stated in the applications.
2. Heard learned AGP MS. Trusha Mehta as well as learned advocate Mr.K. M. Sheth for the respondent.
3. It has been submitted that after obtaining the copy of the judgment, the opinion was sought for and the file was forwarded to the Legal Department and, thereafter, the Government Pleader addressed a letter for certified copy and ultimately, the appeals have been filed which has consumed time.
4. Learned advocate for the respondent states that there may be some procedure, but it also shows that it has not been taken expeditiously and there is no explanation for delay. He states that he has no objection if the present applications are allowed.
5. 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. Moreover, in view of the guidelines laid down by the Hon'ble Apex Court in catena of judicial pronouncements with regard to pragmatic approach to be adopted in such matters including the judgments reported in (2005) 3 SCC 752, AIR 2000 SC 2306 and AIR 1996 SC 1623, the present civil applications deserve to be allowed.
6. The delay is condoned. The applications stand disposed of as allowed. Rule is made absolute.
[ RAJESH H. SHUKLA, J. ] vijay Top