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PURUSHAINDRA KUMAR KAURAV
Govt. of NCT of Delhi Through Executive Engineer Pwd, Division - V (ds) Cti Building, Raja Garden, New Delhi – Appellant
Versus
United Builders Through Its Director United House, B-24, Community Centre, B-1, Block, Janakpuri, New Delhi-110058 – Respondent
ORDER
Purushaindra Kumar Kaurav, J. (Oral)--Heard learned counsel appearing on behalf of the parties on CM APPL. 47727/2019, an application filed on behalf of the appellants seeking condonation of 528 days delay in filing the present appeal.
2. Learned counsel appearing on behalf of the appellants submits that the instant appeal is preferred against the impugned judgment and decree passed by the learned trial court dismissing the civil suit on 18.12.2017. The appellant is a large sized department with several divisions involving various stages of approval for filing of the appeal.
3. According to him, the process of obtaining legal opinion of the counsel could only be completed on 03.01.2019 and subsequent thereto, the case was transmitted to the counsel in April, 2019. Since, the brief was very bulky running into more than 3000 pages it took some time to prepare the appeal and the same was filed in the month of August, 2019.
4. Learned counsel appearing on behalf of the appellants, therefore, prays for condonation of delay while placing reliance on an order passed by the Hon'ble Supreme Court in the case of `The State of Manipur & Ors. vs. Koting Lamkang', (2019)10 SCC 408 where
The court emphasized a liberal approach in assessing sufficient cause for condonation of delay under Section 5 of the Limitation Act, particularly when the delay is marginal and does not prejudice th....
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