Failure to provide sufficient cause for delay in filing a review petition under Section 5 of the Limitation Act may result in the dismissal of the petition.

ORDER

1. This review petition has been filed by the petitioner for reviewing the judgment dated 10.12.2018 passed by this Court in S.B. Civil Misc. Appeal No.1792/2013. Since the review petition has been filed with a delay of 118 days, an application under Section 5 of the Limitation Act has also been filed seeking condonation of delay.

2. Learned counsel for the petitioners submits that vide judgment dated 10.12.2018 passed by this Court, two appeals -one (S.B. Civil Misc. Appeal No.1792/2013) filed by the claimants and another (S.B. Civil Misc. Appeal No.53/2013) filed by the RSRTC were disposed of by this Court and this Court modified the award dated 24.11.2012 to the extent that the amount of compensation receivable by the claimants would be Rs. 18,79,889/- instead of Rs. 17,06,828/- and remaining terms and conditions of the award were directed to be same. This Court further directed that the RSRTC shall deposit the enhanced amount along with interest @ 6% per annum from the date of filing of the claim petition till date of payment with the Tribunal within a period of two months from that date. He further submits that the learned Tribunal vide its award dated 24.11.2012 while enhancing the amount of compensation from Rs. 14,25,044 to Rs. 17,86,828/- imposed condition No.4 that the interest @ 6% on the enhanced amount shall be paid with effect from the date of passing the award dated 24.11.2012 instead of the date of filing the claim petition i.e. 7.8.2003. He further submits that the condition no. 4 imposed in the award was challenged in the appeal filed by the claimants - appellants and this Court vide its judgment dated 10.12.2018 while enhancing the amount of compensation from Rs. 17,06,828/- to Rs. 18,79,889/- awarded interest @ 6% p.a. on the enhanced amount from the date of filing the claim petition till the date of payment with the Tribunal within a period of two months, but simultaneously also ordered that remaining terms and conditions of the award shall be the same. In this view of the matter, he has prayed to review the judgment dated 10.12.2018 and to direct the RSRTC to deposit the amount enhanced by the Tribunal vide its award dated 24.11.2012 alongwith interest @ 6% p.a. from the date of filing of the claim petition till date of payment with the Tribunal.

3. He further submits that after obtaining the certified copy of the judgment dated 10.12.2018, in the last week, aforesaid fact to the notice of the appellants-claimants. The delay caused in this matter is bonafide and not intentional one. Hence, delay occurred in this matter be condoned.

4. On the other hand, learned counsel for the RSRTC has opposed the same and submits that the judgment dated 10.12.2018 passed by this Court has already been complied with by the Corporation and enhanced amount has already been received by the claimants appellants without any protest. Thus, instant review petition is an after-thought, which does not fall within the purview of 'review1. He further submits that the review petition has been filed with a delay of 118 days, for which no reasonable and sufficient cause has been shown. He has drawn the attention of this Court towards paragraph nos. 2 and 3 of the application under Section 5 of the Limitation Act, which are reproduced as under:

"2. That recently during the course of implementation of the award it was found that since in the award passed by the learned Tribunal dated 24th November, 2012, the condition no. 4 was that the enhanced amount is to be paid with interest at the rate of 6% per annum from 20th November, 2012 i.e. w.e.f. the date of filing of the claim petition and the learned Tribunal on the count that condition no. 4 is kept intact by this Hon'ble Court, the humble petitioner is held entitled only for the interest w.e.f. 24th November, 2012 on the enhanced amount by the Tribunal that was enhanced from Rs. 14,25,044/- to Rs. 17,06,828/-.

3. That since in the last week the humble appellant / claimant came to know