1 21. D.B. CIVIL SPECIAL APPEAL (CIVIL) NO.98/2006. Rajasthan State Road Transport Corporation Vs. Gudarmal Raika Date of Order :: 12th April 2007 HON'BLE MR. JUSTICE P.B.MAJMUDAR HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Sangeet Lodha with Mr. A.S. Rathore, for the appellant. Mr. T.R. Singh Sodha, for the respondent. ... This appeal is directed against the order dated 16.03.2005 of the learned Single Judge passed in S.B. Civil Misc. Appeal No.05081/2004. The learned Single Judge has rejected the prayer for condonation of delay in filing the appeal as there was delay of two days in filing the appeal on behalf of the appellant Corporation. It was submitted before the learned Single Judge that the certified copy of the impugned award was forwarded by the counsel for the Corporation to the Head Office of the Corporation along with his opinion belatedly, therefore, the matter could not be proceeded with for taking decision as to fiing of the appeal immediately. Besides, dealing with the matter and taking decisions in the public undertaking requires deliberation at the different level and in that process delay of two days has been caused. The learned Single Judge found that no sufficient ground is made out for condonation of delay in filing the appeal and, accordingly, the application submitted by the appellant Corporation under Section 5 Limitation Act was rejected which has given rise to this special appeal. 2 Learned counsel for the appellant submitted that normally a liberal view is required to be taken in order to see that real cuase could be placed before the Court. It is submitted that the delay in filing the appeal was not deliberate and the cause for delay has been mentioned in the application and the appellant, being an public undertaking, the decision for filing the appeal is required to be routed through various channels. Learned counsel appearing for the respondent has not seriously opposed the prayer for condoning the delay in filing the appeal which was rejected by the learned Single Judge. It is true that public undertakings should be vigilant and no administrative lapse ought to be shown in filing the appeal; however, in the interest of justice and considering the fact that the learned counsel appearing for the respondent has not opposed if the delay is condoned, we allow this special appeal by setting aside the order dated 16.03.2005 of the learned Single Judge; and delay in filing the appeal is accordingly condoned. The appeal is to be proceeded before the learned Single Judge on its own merits. No orders as to costs. (DINESH MAHESHWARI), J. (P.B.MAJMUDAR), J. Mohan/