STATE OF RAJASTHAN Vs. CHOUDHARY CONSTRUCTIONS

JUDGEMENT

(1.) The plaintiff has filed this appeal under Section 39 of the Arbitration Act, 1940 (for short 'the Act') against the order and decree passed by the learned District Judge, Bikaner in civil misc. case No. 40/94 modifying the award passed by the sole Arbitrator on 15-1-1994.

(2.) The officer, after presentation of this appeal, computed the period of limitation and made a report that the appeal was barred by time by 79 days.

(3.) Faced with this dilemma the appellant filed an application under Section 5 of the Limitation Act praying for condonation of delay. It was stated in the application that the delay caused in filing the appeal with delay is neither deliberate nor intentional. It was averred that much procedure is involved for taking sanction from the State Government and the matter is routed through many levels and the papers pass in the hands of many officers. The procedure involved has resulted into delay. Since a heavy stakes of the Government are involved, this appeal could not be thrown out merely on the ground that it is barred by time. It would in the fitness of things to impart substantial justice on the merits of the case. Learned counsel for the appellant has cited Collector, Land Acquisition, Anantnag v. Mst. Katiji, AIR 1987 SC 1353 for the observations made therein in order to substantiate his averments.