D.B. SPECIAL APPEAL NO.762/2008 M/s. Anukampa Housing Pvt. Ltd. Vs. Jaipur Development Authority Date of Order :: September 10, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. S.M. Mehta Sr. Advocate assisted by Mr. R.S. Mehta for the appellant(s). Mr. Bharat Vyas for the respondent. *** This appeal has been filed against the judgment of the learned Single Judge whereby the writ petition filed by the appellant against the judgment of the Jaipur Development Authority Appellate Tribunal dated 2.8.2005, has been dismissed. Shri S.M. Mehta, the learned senior counsel appearing for the appellant has argued that the Appellate Tribunal has dismissed the appeal of the appellant herein only on the ground of delay and has not addressed the merits of the case. Learned Single Judge has also not adverted to the merits of the case and simply upheld the judgment of the Appellate Tribunal. It is contended that sufficient explanation was given for delay of 107 days and when the matter is contested on merits by the respondent now before this Court, it should be decided on merits rather than being dismissed on the technical reason of delay by the Appellate Tribunal itself. Learned counsel for the respondent opposed the appeal. -2- Upon hearing the learned counsel for the parties and perusing the explanation offered by the appellant, especially upon consideration of the averments made in para 18 of the appeal, we are satisfied that the appellant was prevented by sufficient cause in not filing the appeal in time before the Appellate Tribunal. Even otherwise, when the delay was of only 107 days, it is appropriate that the Appellate Tribunal which is the first court to adjudicate upon the dispute between the parties, decides the matter on merits and renders its finding one way or the other. In the circumstances, while setting aside the order of the Appellate Tribunal dated 2.8.2005 and the judgment of the learned Single Judge date 16.10.2006, we remit the matter back to the Appellate Tribunal for its adjudication on merits. The appeal is accordingly allowed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-