(1.) I have heard learned Counsel for the applicant -appellant, learned Counsel for the respondents No. 2 to 5 earlier and have perused the record. Factual clarifications taken.
(2.) LEARNED Counsel for the appellant has placed reliance on the Judgment of this Court in the case of Smt. Risalo (D) through L.Rs. v. IInd A.D.J. and Others, wherein Hon'ble Single Judge of this Court has held that when the substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred.
(3.) IT has also been submitted that a recovery certificate was issued against the appellant against which he preferred a writ petition No. 2727 (S/S) of 2012 on the same ground as have been taken in the instant appeal and the same Counsel was engaged and the writ petition was dismissed on 29.5.2012 vide a detailed order. Now, the instant appeal has been filed with delay and the delay has not been explained.