Government bodies must provide reasonable and acceptable explanations for delays and cannot rely on bureaucratic processes or inefficiencies as sufficient cause for delay.

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 the prayer made by the learned counsel for the applicant and submits that there is unexplained delay of 662 days.

5. Heard learned counsel for the parties.

6. Having heard learned counsel for the parties and after perusing the record, this Court is not inclined to condone the long and unexplained delay of 662 days in filing the restoration application because in two recent judicial pronouncement Hon'ble Supreme Court has depricated the practice of the delay on the part of the state authority in filing appeal after long delay as a result of indifference and indolent attitude on the part of the state authorities in dealing with files in their offices.

7. In the case of State of Madhya Pradesh & Ors. V. Bherulal, 2020 SCC Online SC 849, it was found that the appeal filed by the State was with delay of 663 days. The cause shown for inordinate delay in that case was due to unavailability of documents and the process of arranging documents and also a reference to bureaucratic process works. In the aforesaid factual context, Their Lordships of the Supreme Court, referring to its earlier decision, observed as below-

'3. No doubt, some leeway is given for the Government inefficiencies but the sad part is that the authorities keep on relying on judicial pronouncements for a period of time when technology had not advanced and a greater leeway was given to the Government (Collector, Land acquisition, anantnag & anr vs. Mst. Katiji & Ors. (1987) 2 SCC 107). This position is more than elucidated by the judgment of this Court in Office of the Chief Post Master General & Ors. v. Living Media India Ltd. & anr. (2012) 3 SCC 563 where the Court observed as under:

'12) It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us.

Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and availa