J U D G M E N T

The O.P.(C) has been filed challenging an order whereby the delay in filing the appeal was not condoned. The appeal is a commercial appeal which was filed by the Government with a delay of 154 days. In similar set of facts, wherein the delay was 102 days, this Court had in State of Kerala v. Dr.Praveen Kumar T.K. [ 2024 (3) KHC 165 ] upheld the dismissal of an application for condonation of delay. This Court held that the general principle under Section 5 of the Limitation Act , that a liberal approach has to be taken, cannot be applied in commercial matters and applying such an approach would defeat the very purpose of the statute. The Trial Court had rejected the application relying on the above said judgment.

2. I do not find any legal infirmity in the order warranting interference under Article 227 of the Constitution of India.

The original petition fails and is dismissed.

Sd/-