THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR O.S.A.No.16 of 2010 ORAL JUDGMENT: (per Hon’ble Sri Justice D.S.R.Varma) Heard both sides. Aggrieved by the order, dated 02.06.2010, passed by this Court in C.A.No.356 of 2010 in C.P.No.35 of 1985, wherein and whereby the application filed under Rule 177 of the Companies Court Rules, 1959, praying to condone the delay of 3621 days in filing the proof of debt for adjudication in the said Company Petition was dismissed, the present appeal is filed. Learned counsel for the respondent vehemently opposed the appeal on the ground that the delay, which is 3,621 days, is inordinate. But, having regard to the facts and circumstances, we are of the view that the aspect of condonation of delay is a defect that can be cured having regard to the substantial issue that is involved in the present case. The cause of justice would suffer because of such technical violations on all occasions. In that view of the matter, we deem it appropriate to allow the appeal, particularly, keeping in view the public interest and the huge amounts of the public involved, however, on payment of costs by the appellant. Apart from the issue of condonation of delay, virtually, there are no other issues that can be gone into by this Court, at this stage. The further proceedings can be pursued before the learned single Judge at the instance of either of the parties to the Company Petition. Accordingly, the appeal is allowed with costs, and the impugned order, is set aside, subject to the condition that the appellant deposits a sum of Rs.5,000/- (Rupees Five thousand only) to the Andhra Pradesh State legal Services Authority within a period of two weeks from today, and the matter is remanded to the learned single Judge for disposal of the said C.P. in accordance with law. ______________________ JUSTICE D.S.R.VARMA _____________________________ JUSTICE B.CHANDRA KUMAR 29th September 2010 dr