TMI Blog2010 (11) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Paramjeet Beripal, for M/s. Arputham, Aruna Co., Advocates with him, for the Appellant. Shri P. Goswami, Rajiv Mehta, Biswanath Agrawalla, Advocates, for the Respondent. ORDER Leave granted. 2. The present appeals, by special leave, are directed against order and judgment dated 29th January, 2010 passed by a Division Bench of the Gauhati High Court, whereby appellants application seeking condonation of delay of 59 days in preferring the appeal was rejected and their writ appeal was dismissed in limine as being barred by limitation. 3. The respondents herein filed writ petitions in the High Court seeking regularization of their services from the dates of their initial appointment with consequential benefits. A learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief of condonation of delay, they having utterly failed to offer a sufficient cause therefore in filing the accompanying writ appeals. 6. As stated above, the appellants had pleaded that the delay in filing the appeal was unintentional and bona fide in as much as on receiving an uncertified copy of the judgment, they sought legal opinion from their local lawyer on 7th May 2009, which was received by them on 21st May 2009. Thereafter, the same was forwarded to the General Manager (HR), Refinery Headquarters, New Delhi on 28th May 2009. Vide his letter dated 6th June 2009, the said General Manager sought some documents, including a certified copy of the judgment. Subsequently, the General Manager forwarded the case file to the company s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree-holder to treat the decree as binding between the parties. In other words, when the period of limitation prescribed has expired the decree-holder has obtained a benefit under the law of limitation to treat the decree as beyond challenge, and this legal right which has accrued to the decree-holder by lapse of time should not be light-heartedly disturbed. The other consideration which cannot be ignored is that if sufficient cause for excusing delay is shown discretion is given to the court to condone delay and admit the appeal. This discretion has been deliberately conferred on the court in order that judicial power and discretion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of facts and law are involved in the case, causing enormous loss and irreparable injury to the party against whom the lis terminates, either by default or inaction and defeating valuable right of such a party to have the decision on merit. While considering the matter, courts have to strike a balance between resultant effect of the order it is going to pass upon the parties either way. 10. In State (NCT of Delhi) v. Ahmed Jaan - (2008) 14 SCC 582, while observing that although no special indulgence can be shown to the Government which, in similar circumstances is not shown to an individual suitor, one cannot but take a practical view of the working of the Government without being unduly indulgent to the slow motion of its wheels, hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he citizen, nonetheless adoption of a strict standard of proof in case of the Government, which is dependant on the actions of its officials, who often do not have any personal interest in its transactions, may lead to grave miscarriage of justice and therefore, certain amount of latitude is permissible in such cases. 12. Examined on the touch-stone of the afore-noted observations, we are of the view that in the present case, the conduct of the appellants does not indicate inaction, negligence or mala fides. The explanation furnished for the marginal delay of 59 days, in our opinion, constitutes a sufficient cause and therefore, deserves to be accepted. 13. For the foregoing reasons, the appeals are allowed; the impugned judgment is set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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