STATE OF GUJARAT Vs. A H GOHEL

JUDGEMENT

(1.) BY this application, the applicant State of Gujarat seeks condonation of delay of 64 days that has occurred in preferring the Second Appeal (Stamp) No.58 of 2011.

(2.) MS. C. M. Shah, learned Assistant Government Pleader, appearing on behalf of the appellant referred to the averments made in the memorandum of the application to submit that the delay has been duly explained and sufficient cause has been made out for condoning the delay. In the circumstances, the application deserves to be allowed by condoning the delay.

(3.) IN the light of the facts noted herein above, it is apparent that no sooner than the opinion of the Government Pleader was received by the Legal Department, steps have been taken for filing the appeal. From the averments made in the application, it cannot be said that there was any deliberate negligence on the part of the applicants or that the applicants had at any point of time given up the cause. IN the circumstances, in the opinion of this Court, sufficient cause has been made out for filing the appeal beyond the prescribed period of limitation. The decision of the Supreme Court in the case of Lanka Venkateswarlu (supra) on which reliance has been placed by the learned advocate for the respondent does not in any manner support the case of the respondent inasmuch as in the facts of the said case, there was a gross delay in filing the appeal and the High Court while condoning the delay had observed that in the normal case the High Court would have thrown out the application without having a second thought in the matter. It was in the peculiar facts of the said case that the Supreme Court observed that it was at a loss to fathom any logic or rationale, which could have impelled the High Court to condone the delay after holding the same to be unjustifiable. The facts of the present case stand on totally different footing from the facts of the said case.