Government not in exile like Lord Rama: Karnataka HC rejects State’s appeal filed after delay of 14 years

The Karnataka High Court recently refused to condone a 14-year delay by the State government in filing an appeal [Principal Secretary, Government Vs Nijinjoy Trading Pvt Limited].

A Bench of Justices D K Singh and Venkatesh Naik observed that the government cannot be considered to have been "in exile for 14 years like Lord Rama” to justify such an enormous lapse.

“The Government has woken up after 14 years to see some merit to file the appeal against the impugned judgment and order. 14 years is the time period when Lord Rama was in exile and thereafter, he returned to Ayodhya. The Government was not in exile for 14 years to seek condonation of delay … we find no ground to condone such an enormous and inordinate delay.”

The Court was hearing an appeal filed by the Principal Secretary, Department of Revenue (Stamps and Registration), the Inspector General of Registration and Commissioner of Stamps and the District Registrar of Davanagere. The State sought to challenge a February 11, 2011 order, which arose out of the liquidation proceedings of Mysore Kirloskar Ltd.

The Court held that the explanation furnished by the state did not meet the threshold of “sufficient cause” under Section 5 of the Limitation Act. It emphasised that entertaining such a belated appeal would undermine the finality of judicial proceedings.

The Court clarified that delay may be condoned where a plausible explanation is provided, but “mere inaction and negligence of the State” could not be a ground to condone delay.

Hence, the appeal was dismissed along with the interlocutory application for condonation of delay.

A connected application was also dismissed as a consequence.

The appellants were represented by Additional Government Advocate Prathibha RK

Respondent Mysore Kirloskar Ltd. was represented by advocate Jagaisghoud Patil.

[Read Judgment]