STATE OF KERALA Vs. DR. PRAVEEN KUMAR

JUDGEMENT

(1.) The petitioners herein are the appellants in Commercial Appeal No. 1/2023 of the District Court, Kozhikode and the defendants in Commercial Suit, C.S.No.109/2020, of the Commercial Court, Kozhikode. Respondent herein is the plaintiff C.S.No.109/2020. The petitioners are aggrieved by Exts. P7 and P8 orders of the Principal District Court, Kozhikode. The gist of the facts involved in this case is briefed as below: The respondent/plaintiff filed Commercial Suit as C.S. 109/2020 before the Commercial Court, Kozhikode for realisation of money. The plaintiff/respondent was the successful bidder in e-auction, for purchase of teakwood, conducted by 3rd defendant/Divisional Forest Officer, on behalf of the 1st defendant/State of Kerala. An EMD of Rs.50,000.00 was paid by respondent/plaintiff. Besides, a sum of Rs.3,00,000.00 was also paid towards the value of the material. Alleging that further payment was not made within the time, the above referred amount of rupees 3,50,000/- was forfeited by the State, challenging which, the instant suit was filed. The suit was decreed in favour of respondent/plaintiff vide Ext.P3 judgment. Challenging the same, the petitioners/ defendants preferred Ext.P6 appeal, along with Ext.P5 petition to condone the delay of 102 days in preferring the appeal. Ext.P5 application to condone the delay was dismissed by the Appellate Court, vide Ext.P7. Consequently, Ext.P6 appeal was also dismissed, vide Ext.P8 order. Exts.P7 and P8 are under challenge in this Original Petition.

(2.) Heard Sri.T.P. Sajan, learned Special Government Pleader for the petitioners and Sri. A.Komu, learned counsel for the respondent.

(3.) Learned Government Pleader based their contention upon a decision of the Hon'ble Supreme Court in Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. [2021 KHC 6175], wherein a liberal approach in condoning delay is called for, if no negligence and laches on the part of petitioner is found. The reason espoused by the petitioners for condoning the delay is that the office of the Government Pleader met with a technical failure, resulting in delay in e-filing the appeal memorandum, which according to the petitioners is a genuine reason for condonation of delay of 102 days.