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Judgment
Leave granted.
Heard counsel for the parties.
This appeal has been filed against the order dated 12.02.2014 deciding the application filed by the appellant in Civil Application No.223 of 2014. There was delay of 134 days in preferring the first appeal. The reason, which was given by the appellant for condonation of delay, has been noted by the High Court in following words:
"The delay was attributable since considerable time was consumed in deciding the strategy of taking further steps and arriving at the decision of filing an appeal against the impugned order. Considerable time was also consumed in taking appropriate advise from the legal advisors. There was a considerable delay in instructing the Advocate and as a consequence there is a delay in filing the appeal. In view of this entire process, there is a delay in filing the present appeal."
The application was opposed by the counsel for the respondents. Mr. C.U. Singh, learned senior counsel appearing for the appellant submits that appellant being a co-operative bank time was taken for taking steps for arriving at a decision for filing an appeal. He submitted that delay was not such inordinate nor was any negligence on the part of the appellant so as to enable the High Court to dismiss the application for condonation of delay.
We have heard learned counsel appearing for the respondents also. We are of the view, in the facts of the present case, that the reasons given by the appellant was sufficient for condonation of 134 days delay in filing the appeal. We condone the delay of 134 days in filing the appeal, set-aside the order of the High Court dated 12.02.2014. Let the appeal be restored to its original number and revive before the High Court. Accordingly, the appeal is disposed of.