STATE OF GUJARAT Vs. RELIANCE INDUSTRIES LTD

JUDGEMENT

(1.) HEARD learned APP Ms.Jirga Jhaveri for the applicant and learned advocate Ms.Megha Jani for the respondent Company.

(2.) THE applicant State has to challenge the judgment and order dated 25.10.2012 in Criminal Appeal No.18 of 2009 by the Sessions Judge of Kutch at Bhuj, whereby the appeal u/s.6(C) of the Essential Commodities Act, 1955 by the present respondent was allowed and thereby order dated 3.10.2009 and show -cause notice dated 20.7.2009 by the Collector, Bhuj was set -aside. However, in filing such revision application, there is delay of 597 days. Therefore, by present application, the State has prayed to condone such delay.

(3.) THOUGH condonation of delay is based upon the proof of sufficient cause for not filing the revision application in the prescribed period of limitation only, the fact remains that the merits of the main dispute is equally important to realize the real dispute and issue between the parties, so also to scrutinize that whether reasons pleaded for condoning the delay would fall within the consideration of the phrase "sufficient cause", so as to condone such delay, more particularly, when it is for 597 days i.e. more than an year.