JUDGMENT :

J. C. DOSHI, J.

1. By way of this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner – Paschim Gujarat Vij Company Ltd. (‘PGVCL’, for short), has sought following prayers.

“(A) Be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 7/8/2023 passed below Exhibit 14 in Civil Miscellaneous Application number 60 of 2022 by the Court of learned Principal District Judge, Porbandar; Annexure-A;

(B) Pending admission and final disposal of this petition, Your Lordships will be pleased to stay further execution, operation and implementation of the impugned order dated 7/8/2023 passed below Exhibit 14 in Civil Miscellaneous Application number 60 of 2022 by the Court of learned Principal District Judge, Porbandar; Annexure-A.

(C) Be pleased to award the cost of this petition;

(D) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted.”

2. The brief facts of the case are that, the PGVCL filed the Special Civil Suit No.660 of 2001 before the Court of learned Principal Senior Civil Judge, Porbandar for recovery of Rs.6,46,065.29 paisa as an outstanding and due amount of electricity use. In the suit, respondent appeared through learned advocate but did not file reply inspite of giving ample opportunity. Ultimately suit was decreed on 29.02.2008 whereby the petitioner has led his evidence. In the suit proceedings, the petitioner filed an application to serve the copy of the judgment and decree upon the respondent. The application was allowed and notice was also served upon the respondent. Subsequently, the petitioner filed Regular Execution No.05 of 2019 to execute the decree passed in Special Civil Suit and the notice was issued and consequently recovery warrant was also issued.

3. Upon receipt of the notice as well as recovery warrant, the respondent approached the Court of Principal District Judge by filing an appeal under Section 96 of the Code of Civil Procedure, 1908 (‘the Code’, for short). However, the said appeal was in delay of 14 years and 09 months. Thus, he has filed an application under Section 5 of the Limitation Act to condone the delay of 14 years and 09 months, which was numbered as Civil Miscellaneous Application No.60 of 2022. Learned Principal District Judge, after issuing a notice to the petitioner, decided the said application for condonation of delay in favour of respondent herein and by order dated 07.08.2023 allowed the said application and condoned the delay of 14 years 09 months with a condition to pay Rs.5,000/- to the present petitioner and to deposit cost of Rs.2500/- in District Legal Service Authority, Porbandar. Being aggrieved, the petitioner preferred the present petition.

4. Heard learned advocate Mr.Premal Joshi for the petitioner – PGVCL and Mr.Imtiyaz Mansuri, for the respondent.

5.1 Learned advocate Mr.Premal Joshi appearing for the PGVCL taken this Court to the averments made in Civil Miscellaneous Application No.60 of 2022 more particularly opening para thereof and would submit that perusal of this para demonstrates that applicant has not assigned any reason much less any sufficient reason for condonation of huge and colossal delay of 14 years and 09 months. He would further submit that solitary contention raised by respondent herein before the learned Principal District Judge that he had been acquitted by the Criminal Court in a criminal case that had arisen from the same set of facts on 31.12.2010. Therefore, the respondent herein was under impression that the suit which based upon same set of facts would also be dismissed by the Court. Therefore, he has not filed any reply in the suit and ultimately when he received notice and recovery warrant in execution proceedings, he came to know that suit run ex parte against him and decree was passed. Learned advocate Mr.Joshi would submit tha