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Judgment
Rajesh H. Shukla, J.—The present Civil Application has been filed for condonation of delay of 66 days caused in filing the Appeal from Order by the applicant-original plaintiff on the grounds stated in para no. 5 of the application inter alia that earlier review application was filed and, thereafter, when it was rejected, present Appeal from Order has been filed, which has consumed some time resulting into delay. Though served, as appears from the affidavit filed by the applicant-original plaintiff, the respondent no. 1 has refused to accept the notice and the reply is filed by the respondent no. 2.
Having heard learned counsel, Shri S.M. Gohil for the applicant and having considered the reply filed by the respondent no. 2 and having considered the facts and circumstances, the present Civil Application deserves to be allowed. The Hon''ble Apex Court in catena of judicial pronouncements has laid down the guidelines with regard to the approach in such matters of condonation of delay. The Hon''ble Apex Court in a judgment in case of Oriental Aroma Chemical Industries Ltd. Vs. Gujarat Industrial Development Corporation and Another, has observed THAT "Although no hard-and-fast rule can be laid down in dealing with the applications for condonation of delay, this Court has justifiably advocated adoption of a liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate." Therefore considering aforesaid judgment, present Civil Application deserves to be allowed.
The delay is condoned. The application stands disposed of as allowed. Rule is made absolute. Appeal from Order is ordered to be placed for admission hearing on 18th February, 2013.