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MADAN GOPAL VYAS
Rajasthan State Industrial Developoment And Investment Corporation Ltd – Appellant
Versus
Sohan Lal Pungalia – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The present restoration application has been preferred by the applicant-Rajasthan State Industrial Development and Investment Corporation Ltd. after delay of 662 days. alongwith the restoration application, the applicant has also preferred an application under Section 5 of the Limitation act for condonation of delay.
2. all what has been stated in the application for condonation of delay is that the applicant was not aware of the peremptory order dated 13.5.2011 and consequential dismissal order of the appeal dated 8.7.2011 passed by the Dy. Registrar (Judl.). In the application it is further stated that the applicant applied for the certified copy on 6.3.2013, which was delivered on 19.3.2013, whereas the present restoration application has been preferred by the applicant on 1.5.2013.
3. Learned counsel appearing for the applicant reiterating the submissions made in the application prayed that the delay in filing restoration application may be condoned and consequently, while allowing the restoration application, the civil misc. appeal no.4571/2011 may be restored to its original number.
4. Learned counsel appearing for the respondent vehemently opposed
Government bodies must provide reasonable and acceptable explanations for delays and cannot rely on bureaucratic processes or inefficiencies as sufficient cause for delay.
A party seeking condonation of delay under Section 5 of the Limitation Act must demonstrate sufficient cause; mere invocation of a liberal approach unaccompanied by due diligence will not suffice.
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
The main legal point established in the judgment is that the State should not be placed at a different footing from private individuals in the matter of condonation of delay.
Condonation of delay should not be routine and should only be granted when there is a sufficient cause, as emphasized by the court in this judgment.
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