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1997 Supreme(Ker) 289

A.S.ANAND, K.VENKATASWAMI
Ramachandran – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Leave granted.

2. The respondent-State of Kerala and Ann filed Miscellaneous First Appeal No. 316/96 against the judgment and decree of the learned Sub Court at Kollam in Arbitration Application No. 108/92. The appeal was barred by 565 days. The respondents filed an application seeking condonation of delay and by the order impugned herein, that delay was condoned. The impugned order reads thus:

"This is an application to condone the delay of 565 days in filing an appeal. The petition is seriously opposed by the respondent. But taking into consideration, the averments contained in the affidavit filed in support of the petition to condone the delay, we are inclined to allow the petition. The petition stands allowed."

3. It would be noticed from a perusal of the impugned order (supra) that the court has not recorded any satisfaction that the explanation for the delay was either reasonable or satisfactory, which is essential pre-requisite to condonation of delay.

4. That apart, we find that in the application filed by the respondent seeking condonation of delay, the thrust in explaining the delay after 12.5.1995, is:

"at that time the Advocate General's office was fed up with


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