Condonation of delay under Section 5 of the Limitation Act, 1963, is granted when the court is satisfied that the applicant has sufficiently explained the reasons for the delay in filing the appeal.

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned Assistant Government Pleader Ms. Shruti Dhruve for the applicants and learned advocate Mr. M.B. Parikh for the respondent.

2. Rule returnable forthwith. Learned advocate Mr. M.B. Parikh waives service of notice of rule on behalf of the respondents.

3. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 165 days caused in filing the captioned Letters Patent Appeal against the order dated 01.08.2025 passed in Special Civil Application No. 15247 of 2024 by the learned Single Judge of this Hon’ble Court (Coram: Hon’ble Mr. Justice Nikhil S. Kariel).

4. Having regard to the submissions advanced by the learned advocate for the applicant and more particularly, considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the Letters Patent Appeal has been sufficiently explained.

5. The application, therefore, succeeds and is accordingly allowed. The delay caused in filing the Letters Patent Appeal is hereby condoned.

6. Rule is made absolute accordingly with no order as to costs.

Order in Letters Patent Appeal:

Registry is directed to list the Letters Patent Appeal on 17.03.2026 along with Letters Patent Appeal No. 102 of 2026 and other allied matters.