Bhaskarrao Ramrao Vanjare And ... vs Divisional Controller, ...
2002 Latest Caselaw 798 Bom

JUDGMENT

V.G. Palshikar, J.

1. This revision application is directed against the order passed by the learned Appellate Court condoning the delay of 6 years and more in filing appeal by M.S.R.T.C., Akola challenging the judgment and decree passed by the trial Court.

2. The Corporation is a public undertaking which should act responsibly in relation to public money. The reasons given for the delay are not at all acceptable to Court, nor are they substantial and sufficient reasons in the eye of law. Rights accrued under a valid decree of a Court cannot be unsettled after six years merely on the asking of a Corporation and specious cause being given, i.e. frequent transfers of its officers. In view of the judgment of Supreme Court in the case of P.K. Ramachandran v. State of Kerala & another, , the reasons are not sufficient. Therefore, the learned Appellate Judge committed jurisdictional error in condoning the delay. The same is liable to be corrected under section 115 of Civil Procedure Code.

3. Hence, the revision application is allowed. The order of condonation of delay is set aside. As a consequence thereof, the appeal also is liable to be dismissed as barred by limitation. No order as to the costs.