The court determined that administrative negligence is insufficient to warrant the condonation of significant delays in legal proceedings; strict adherence to limitation laws is paramount.

ORDER :

1. The applicant most humbly and respectfully prays as under:-

“(A) That this Hon'ble Court may be pleased to condone the delay of 584 days in filing an application for recalling the order dated 25/08/2022 passed in Special Civil Application No. 12275 of 2016.

(B) Such other and further relief/s may be granted in the interest of justice.”

2. The applicant herein (Original Petitioner) had filed Special Civil Application No.12275 of 2016 before this Court for quashing and setting aside the impugned order dated 04/05/2016 passed by the opponent No.1 (Original Respondent No.1 herein) imposing penalty upon the applicant of refunding 1.5 times fees collected from the students pursuing their studies for BBA Program offered by the Applicant as a study center of Dr. C. V. Raman University.

3. The applicant states that in Special Civil Application No. 12275 of 2016, this Court issued notice on 21.07.2016 and subsequently, Civil Application No.8485 of 2016 filed by Opponent Nos.3 to 11 for joining them as party Respondents came to be allowed by order dated 14.09.2016. Thereafter, Rule was issued on 27.11.2019. It is further stated that after issuance of Rule, the Advocate for the Applicant was elevated to the Bench of this Court and, accordingly, notice dated 24.11.2021 was served upon the Applicant to engage another Advocate. However, no steps could be taken to appoint a new Advocate, and consequently, by the order of this Court, the petition came to be dismissed for non-prosecution on 25.08.2022. The lapse came to the knowledge of the Applicant only when order dated 26.03.2024 in Special Civil Application No.4896 of 2024 (preferred by Opponent Nos.6 to 9 for compliance of the Impugned Order dated 04.05.2016) was served upon the Applicant.

4. Ld. Senior counsel Mr. Dhaval Dave with Mr. Shaival Patel appearing for petitioner stated that the delay caused in filing the present Miscellaneous Civil Application is not intentional. The said delay was not attributable to the Applicant. The delay caused in filing the present Miscellaneous Civil Application would cause serious prejudice to the Applicant, if the same is not condoned and the Applicant would suffer irreparable loss and injury. He, therefore, prays to condone the delay caused in filing the present Application.

5. Per contra, Ld. Counsel Mr. Aum Kotwal appearing for respondents Nos.3 to 11 stated that the delay condonation application is not having sufficient cause and citing mere excuse of administrative lapse may not help the present applicant and filing of this application is a mere afterthought being subsequent to filing of the Special Civil Application No.4896 of 2024 preferred by the answering respondents. Ld. Counsel further submitted that the applicant has taken time of about one and a half year i.e. 584 days without having any plausible explanation. Therefore, the conduct of the applicant does not entitle it for the relief claimed.

6. Heard learned advocates for the respective parties and perused the documents on record.

7. From perusal of the record, it appears that the Applicant had preferred Special Civil Application No.12275 of 2016 before this Court seeking setting aside of the Impugned Order dated 04.05.2016 passed by Opponent No.1. In the said Special Civil Application, Rule came to be issued vide order dated 27.11.2019. Subsequently, the learned Advocate appearing for the Applicant was elevated to the Bench of this Court and, accordingly, a fresh notice was issued to the Applicant to engage another Advocate. Though duly served, no steps were thereafter taken by the Applicant to enter appearance through Advocate or appear in person. This Court, by ord