STATE OF WEST BENGAL Vs. KESHOV PRASAD SHAW

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act whereby the appellant being the State of West Bengal has sought for condonation of delay of approximately 440 days in filing the instant appeal. On perusal of the petition, we find that the main ground in the application under Section 5 of the Limitation Act is that due to unavoidable bureaucratic formalities and compulsion of necessary permissions from various departmental hierarchies in the administrative set up, the appellants could not file the instant appeal within the stipulated time period. In paragraphs 3 to 12 of the application, the particulars of the delay in filing the instant appeal have been narrated.

(2.) Learned counsel appearing on behalf of the respondent has filed affidavit-in-opposition to the application for condonation of delay and has seriously opposed the application. In the application, the respondent has primarily relied on an affidavit filed in the contempt petition wherein the concerned representative of the State department had stated in paragraph 8 that steps were being taken to implement the order. It is also submitted on behalf of the respondent that having accepted the impugned order, it does not lie in the mouth of the State to challenge it in appeal.

(3.) The terms "sufficient cause" has to receive liberal construction so as to advance substantial Justice where no negligence or inaction or lack of bona fide is imputable to the appellant. The Court in such a situation is expected to adopt the justice oriented approach in condoning the delay. (See. 2017 (12) SCC 840).