The instant application is filed u/s.5 of the Limitation Act seeking condonation of delay of 2 days caused in preferring the Appeal from Order. Having considered the submissions advanced by Mr.Darshan Parikh, learned advocate for Mr.PP Banaji, learned advocate for the applicants, so also considering the averments made in this application, which are supported by the affidavit of proprietor of the applicant No.1 - Institution, it transpires that the reason as to why the delay came to be caused, has been set-forth in the application. However, Mr.Jasani, learned advocate for the respondent vehemently opposed this application being granted and submitted that no satisfactory explanation has been furnished by the applicants, explaining the delay.
Considering the facts and circumstances of the case and considering the submissions advanced on behalf of both the sides, this Court is of the opinion that the delay of 2 days caused in preferring the AFO has been aptly and sufficiently explained and deserves condonation.
For the foregoing reasons, the application is allowed and the delay of 2 days caused in preferring the AFO is condoned. Rule is made absolute.
(J.C.UPADHYAYA, J.) (binoy) Top