MC 3088/2010 BEFORE THE HON’BLE MR JUSTICE AMITAVA ROY THE HON’BLE MR. JUSTICE CR SARMA Amitava Roy, J Heard Mr. BC Das, Senior Advocate for the applicant and Ms. U Baruah, learned St anding Counsel, Assam State Transport Corporation. The delay of 85 days in filing the accompanying writ appeal days is sought to be explained by the instant application. The principal ground is the applicant’s i llness during the period 24.10.2008 to 23.12.2008. A medical certificate dated 25.12.2008 to the above effect has been appended to the application. Incidentall y, the starting point of the illness of the applicant at the relevant time fell within the long vacation of this Court. However, as the said documents would sug gest that he continued to ail from infective hepatitis till 23.12.2008, the appe al was filed on 26.12.2008. The opposite party/respondent-Corporation has filed an objection contending that the cause shown is not sufficient for condonation of delay as contemplated unde r section 5 of the Limitation Act, 1963. Upon hearing the learned counsel for the parties and on a consideration of the r eason cited for the delay as indicated hereinabove, we are of the view that in t he interest of justice, the same (delay) ought to be condoned. Ordered according ly. The miscellaneous application stands allowed.