VRIKSHA ESTATES PRIVATE LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-petitioner, assailing the correctness of the impugned order dated 12/04/2011 passed by the learned Single Judge in W.P. No. 14954/1999, has presented this appeal. Along with the appeal, learned counsel for appellant has filed I.A. No. 1/2011 for condonation of delay of 68 days in filing the appeal.

(2.) We have heard the learned counsel for the appellant and learned Additional Government Advocate appearing for respondent No. 1.

(3.) The delay of 68 days in filing the appeal has been explained by the appellant in the affidavit filed along with the application, stating that, the certified copy of the impugned order was made available on 21.5.2011, she could not instruct her counsel at Bangalore to file an appeal inasmuch her grand child at Canada was ill and she was constrained to go to Canada on 23.6.2011 and returned to Delhi on 10.7.2011 and again, she went to Canada on 4.8.2011 and returned on 15.8.2011 and during these process, there is a delay of 68 days in filing the appeal and thereafter, the appeal was filed on 30.8.2011. The said delay is bonafide and the same is neither intentional or deliberate. Further, she submitted that she has excellent case on merits and great hardship and prejudice will be caused to her if the said delay is not condoned and on the other hand, no hardship of any nature would be caused to the other side if the said delay is condoned. Therefore, she submitted that the delay may be condoned and matter may be heard on merits, in the interest of justice and equity.