IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.16561 of 2010 Date of Decision : September 15, 2010. M/s Sahil Medicos .....Petitioner versus Secretary to Govt. of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Sandeep Arora, Advocate, for the petitioner. Mr.K.D.S.Sidhu, Deputy Advocate General, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion. Mr.K.D.S.Sidhu, learned Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage. The petitioner has filed a statutory appeal under Rule 16 of the Drugs and Cosmetic Rules, 1945, before respondent No.1 against the order dated 19.2.2010 (Annexure P-4) passed by the State Drugs Controlling and Licensing Authority, Punjab. C.W.P.No .16561 of 2010 2 It appears that the appeal was required to be filed within a period of three months but the petitioner did not file the same within the prescribed period of limitation. As there was delay of about three months in filing the appeal, the petitioner filed an application for condonation of delay, a copy whereof is annexed with this writ petition as Annexure P-9. The petitioner's grievance is that the Appellate Authority has declined to entertain the above mentioned application though has not rejected also, on the ground that under the Rules/Statute there is no power to entertain such like application. Resultantly, the petitioner's appeal has also not been heard on merits. I have heard learned counsel for the parties at some length and perused the records. In view of the averments made in para-5 of the application for condonation of delay, it appears that the petitioner could not file the appeal within the prescribed period of limitation for the reasons beyond the control of its proprietor. Consequently, the delay in filing of the appeal is ordered to be condoned and the writ petition is disposed of with a direction to the Appellate-Authority-respondent No.1 to decide the petitioner's appeal on merits and in accordance with law, preferably within a period of three months from the date of receiving a certified copy of this order. Dasti. September 15, 2010 (SURYA KANT) Mohinder JUDGE C.W.P.No .16561 of 2010 3