Condonation of delay in restoration matters may be granted where sufficient cause is shown and negligence is absent.

Delay in filing a restoration application under Section 5 of the Limitation Act, 1963 may be condoned where the applicant shows sufficient cause and the record does not disclose negligence or total inaction. The Delhi High Court accepted explanations based on continued follow-up by the department, resignation of previous counsel, inspection of the record by new counsel, and procurement of certified copies and affidavits before refiling. Applying a liberal approach to restoration matters, it found the delay sufficiently explained, set aside the refusal to condone delay, and directed the restoration application to be decided on merits.

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Issues: Whether the delay in filing the restoration application deserved to be condoned under Section 5 of the Limitation Act, 1963.

Analysis: The restoration application was filed after the objections to the arbitration award had been dismissed for non-prosecution. The explanation for delay was that the department had been following up the matter, previous counsel had resigned from the panel, the new counsel inspected the record, and certified copies and affidavits were obtained before filing the restoration request. The Court held that, in matters of this kind, a liberal approach is ordinarily applied and that the facts disclosed sufficient cause. It further found that the delay did not show negligence or total inaction on the part of the appellant.

Conclusion: The delay was condoned and the restoration application was directed to be decided on merits.

Final Conclusion: The impugned order refusing condonation was set aside and the appellant obtained restoration-related relief, with the matter remitted for consideration of the restoration application on merits.

Ratio Decidendi: Delay in seeking restoration may be condoned where the applicant establishes sufficient cause and the circumstances do not indicate negligence or total inaction, particularly where a liberal approach is warranted.

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