UNION OF INDIA Vs. SIBA NARAYAN NAIK

JUDGEMENT

(1.) This application has been filed for condonation of delay of 109 days in preferring the present intra-Court appeal. There is a delay of 109 days. An objection has been filed on behalf of the respondent and relying on the Supreme Court decision in the case of State of Madhya Pradesh v. Bherulal (2020) 10 SCC 654, it has been submitted that as the appellants have not been able to explain each and every delay, this application seeking condonation of delay deserves to be dismissed.

(2.) It has been stated in the application seeking condonation of delay that after the impugned order was passed by the learned Single Judge on 9/2/2021, the same was sent to the Headquarters for necessary legal opinion of the higher authorities as well as the Law Ministry whereupon it was decided to file the present appeal.

(3.) In the present facts and circumstances, in our opinion, the delay deserves to be condoned in the interests of justice as the appellants have been able to explain the period of delay and the justification put forth by the appellants is acceptable to the Court. The delay stands condoned, accordingly.