SANJAYKUMAR MANUBHAI SONI Vs. ADJUDICATING AUTHORITY THE PROHIBITIION OF BENAMI TRANSACTIONS ACT,1988

JUDGEMENT

(1.) By way of this application, the applicant - appellant has prayed to condone the delay of 73 days in filing above mentioned Letters Patent Appeal.

(2.) Heard learned counsel for the parties. Considering the contents of the application, it cannot be said that the delay caused in filing the appeal has remained totally unexplained. Therefore, we are of the view that the delay caused in filing appeal deserves to be condoned. Accordingly, the application is allowed. Delay is condoned. Rule is made absolute.

(3.) We are also of the opinion that since it was Provisional Attachment Order, learned Single Judge has rightly observed that authority is supposed to adjudicate process, without being influenced by observations made in the order passed by the learned Single Judge.