The present Civil Applications have been filed by the Applicant State under Section 5 of the Limitation Act for condonation of delay of 604 days in filing the aforesaid First Appeals on the grounds stated in the memo of Applications inter alia the procedural delay in getting necessary approval for completing the formalities, which has resulted in the delay of 604 days. It is stated that there is no inaction or negligence, but in gathering the material information resulted in this delay.
However, considering 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 that the sufficient cause should be elastic enough to allow the meaningful interpretation, the present Civil Applications deserve to be allowed and accordingly stands allowed. Delay is condoned. Rule is made absolute.
(Rajesh H.
Shukla,J) Jayanti* Top