1997 (9) TMI 598

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....tate of Kerala and Anr. Filed Miscellaneous First Appeal No.316/96 against the judgment and decree of the learned Sub Court at Kollam in Arbitration Application No. 108/92. The appeal was barred by 565 days. The respondents filed an application seeking condonation of delay and by the order impugned herein, that delay was condoned. The impugned order reads thus :      &n....

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....sp;     "at that time the Advocate General's office was fed up with so many arbitration matters equally important to this case were pending for consideration as per the directions of the Advocate General on 2.9.1995." This can hardly be said to be a reasonable, satisfactory or even a proper explanation for seeking condonation of delay. In the reply filed to the application s....

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....uch less a reasonable or satisfactory one had been offered by the respondent State for condonation of the inordinate delay of 565 days. Law of limitation may harshly effect a particular party but it has to be applied with all its rigour when the statute so prescribe and the Courts have no power to extend the period of limitation on equitable grounds. The discretion exercised by the High Court w....