- (1.) The application for condonation of delay and the appeal are taken up for hearing.
(2.) There is a delay of 710 days in filing the memorandum of appeal. The appellant has made an attempt to offer some kind of explanation for the delay, the main reason being movement of the files from one department to the other. Although we are not fully satisfied with the explanation offered, but we invite the parties to make submissions on the merits of the matter so as to find the real controversy between the parties.
(3.) The learned counsel appearing on behalf of the appellant has fairly submitted that the appellant is aggrieved by the rate of interest awarded in the impugned judgment. It is submitted that the Learned Single Judge has not taken into consideration the amount that had already been deposited in terms of the order passed by the Hon'ble Division Bench in a mandamus appeal and at least for the said period, the appellant is entitled to some concession. Mr. Bachawat, learned senior counsel appearing on behalf of the respondents, has submitted that even if it is assumed, for the sake of argument, that the appellant may be entitled to some concession having regard to the fact that the appellant has deposited the amount, wrongfully realised by way of invocation of the bank guarantee, the very fact that the appellant has utilised the said amount for almost 11 years prior to the deposit being made in terms of the order of the Hon'ble Division Bench, the order of the Learned Single Judge at least for the said period may not be interfered with.;