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A-25
% 25.08.20L1.
Present: Mr Gaurab Banerji, ASG with Mr Sahil Tagotra, Ms Meenakshi Sood and Mr Mukesh Kumar, Advocates, for the APPellant.
CM 1-5802/201-1- (exemption)
Exemption allowed, subject to all just exceptions.
Application is disposed of.
+ FAO(OS) 405-406/2011 and CM 158OL/2O1-1- (delav)
*
In the Application seeking condonation of delay of
275 days, the pleadings are as follows:-
"3.That the Appellant by way of present Application seeks indulgence of this Hon'ble Court in condoning the delay of 275 days in filing the present Appeal.
JUDGMENT
4. That the Appellant is a public sector organization. It is respectfully submitted that due to the above stated unavoidable hdministrative reasons, the present appeal could not be filed within the limitation period. As a matter of fact due to some pending litigation as regards the collection of toll the responsibility of physically collecting toll fell on the PIU and due to shortage of staff, the exercise engaged substantial time and attention of the Project Director, because of which filing ofthe present appeal also got delayed.
5. That the present application is bona fide and filed in the interest of justice and an irreparable loss and injury shall be caused in case the present application is not allowed and the delay of. 275 days in filing the present Appea[1] is not condoned." We find that the grounds taken do not justify the condonation of delay of 275 days. The Appellant has large amount of litigation and would be well aware of the rigors law. No ground for condoning delay is shown. In any event, of 2011:DHC:10949-DB 2- 't '1f,) so far as the merits are concerned, the position is adverse to the Appellant in terms of the decision tn Executive Engineer -vs- Shree Ram Construction Co.,20t0 XAD (Delhi) 180, Appeal is dismissed. Pending Application also stands dismissed. t p-r^ VA VIKRAMAJIT SEN, J. L*, SIDDHARTH MRIDUL, J. August 25,20LL nt