High CourtsDivision Bench(2013) 07 RAJ CK 0189

Bank of Baroda vs Mrs. Jayashree Purkayastha

Rajasthan High Court · Decided on 5 July 2013

HON’BLE JUDGES
Amitava Roy, C.J · Veerendr Singh Siradhana, J
CASE NUMBER
Special Appeal (Writ) No. 606 of 2013

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Judgment

4 paragraphs · 184 words
1.

Heard Mr. O.P. Mishra, learned counsel for the applicant/appellant. The instant application seeking condonation of delay of 127 days. The cause shown is contained in paragraph No. 2 & 3 of the application, which read as under:

2.

That after passing the impugned judgment the appellant took legal advice and when it was advised to prefer appeal the same is being preferred. The appellant is a Banking Institution and the delay occurred due to obtaining legal advice/permission at various levels.

3.

That the delay as pointed out by the registry is a short delay and has occurred due to the above bonafide reasons. The delay is neither intentional nor deliberate but a bonafide one and deserves to be condoned in the interest of justice. The important legal issues are involved in the present appeal and the appeal deserves to be decided on merits.

2.

We see no reason whatsoever cognizable in law to constitute sufficient cause as contemplated u/s 5 of the Limitation Act for condonation of delay. D.B. Civil Misc. Application No. 408/2013 stands rejected. The special appeal is rejected as well.