UNION OF INDIA Vs. MODERN CONSTRUCTION COMPANY

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 10th August, 1992 whereby 12 days' delay in filing objections to the Award was declined to be condoned by the learned Single Judge resulting in dismissal of the appellant's application under Section 5 of the Limitation Act. The effect was that the Award was made Rule of the Court and decree passed thereupon.

(2.) In view of the dismissal of the application under Section 5 of the Limitation Act holding that no sufficient ground had been made out for condonation of delay, the learned Single Judge did not go into the merits of the objections. The learned Single Judge held that if delay on the ground of movement of files within various Departments of the Government is considered as a good ground for condonation of delay, it will be applied in almost every case. The appellant in his application under Section 5 of the Limitation Act had given details of examination at various stages and the reasons which lead to 12 days' delay in filing the objections.

(3.) In view of the decision of the Supreme Court in the case of State of Haryana vs. Chandra Mani and others, AIR 1996 SC 1623, the decision of the learned Single Judge declining to condone the delay cannot be sustained. Accordingly, the impugned judgment and decree is set aside. The delay in filing objections is condoned. The objections to the Award will not be decided on merits.