- (1.) HAVING regard to the submission made in the application (CMCW No. 54/2014) for condonation of delay supported by the affidavit of counsel, we are satisfied that the delay in filing the restoration application had been for bonafide reasons and it shall be in the interest of justice to consider the restoration application on merits. Hence, the application for condonation of delay (CMCW No. 54/2014) is allowed. The delay in filing the restoration application is condoned.
(2.) FURTHER , having regard to the submissions made in the application for restoration supported by the affidavit of counsel, we are satisfied that the default in appearance on 27.02.2013 had not been intentional; and it appears just, proper and in the interest of justice that the appeal (DB SAW No. 452/2012) alongwith the application filed therein under Section 5 of the Limitation Act be restored to the original number. Hence, this restoration application is allowed. SAW No. 452/2012 is ordered to be restored to its number. Yet further, having regard to the facts and circumstances, we have also heard the learned counsel for the appellant on the application under Section 5 of the Limitation Act, moved in the appeal; and in the circumstances of the case, while ignoring a short delay of about 20 days, have further heard the counsel on merits of the case and have perused the material placed on record.
(3.) THE sum and substance of the matter remains that the land acquisition proceedings for the District Centre (Rana Pratap Nagar), Udaipur were concluded and an award came to be made on 04.02.2006. Later, the Land Acquisition Officer ['LAO'] moved an application to the Civil Judge (Senior Division), Udaipur under Section 31 of the Land Acquisition Act, 1894 ['the Act'] with the submission that despite serving of personal notice and publication, the khatedar was not willing to accept the amount of award; and, therefore, an amount of Rs. 8,95,026/ - was sought to be deposited by way of cheque No. 040676 dated 20.11.2006 towards the award amount of Rs 10,08,140/ -, after deducting income tax of Rs. 1,13,114/ -.;