Item No. 13 Himachal Pradesh Financial Corporation & another Vs. Dinesh Chand Sharma a/w connected matter. CMP(M) No. 214 of 2025 a/w CMP(M) No. 197 of 2025 02.09.2025 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Athrav Sharma, Advocate, for the appellants/applicants. Mr. Rishabh Jain, Advocate (through Video Conferencing) with Mr. Rohit Chauhan, Advocate, for respondent No. 1. CMP(M) No. 214 of 2025 a/w CMP(M) No. 197 of 2025 CMPs(M) No. 214 of 2025 and 197 of 2025 have been filed for condoning the delay of 192 days in filing the appeals, challenging the judgment passed by the learned Single Judge on 13.05.2024 in CWP No. 990 of 2017, Dinesh Chand Sharma Vs. H.P. Financial Corporation & others and CWP No. 989 of 2017, Kamal Kumar Jain Vs. H.P. Financial Corporation & others, respectively. 2. Reply to one of the applications, i.e., CMP(M) No. 197 of 2025 has been filed by the original writ petitioner, opposing the application. 3. Perusal of the applications would go on to show that the certified copy of the judgment was applied on 25.06.2024, which was supplied on 15.07.2024 and thereafter SLP was filed before the Apex Court, which was dismissed as withdrawn on 13.09.2024, with liberty to the Corporation to approach this Court by way of intra-court appeal. Then, the certified copy of the judgment was again applied on 27.09.2024 and the same was supplied on 19.11.2024. Thereafter, the appeals came to be filed on 21.11.2024. 4. The application i.e., CMP(M) No. 197 of 2025 has been opposed on the ground that even on the earlier occasion, the delay was there as such in applying for the certified copy of the judgment, which was beyond the period prescribed and, therefore, the delay is not liable to be condoned. 5. A perusal of the order dated 13.09.2024, passed by the Apex Court in Special Leave to Appeal (C) Nos. 19780-19781/2024, Himachal Pradesh Financial Corporation Vs. Dinesh Chand Sharma & others, would go on to show that the liberty was granted to the petitioner-Corporation to approach this Court by way of intra-court appeal. The order reads as under:- “Learned Senior Advocate for the petitioner seeks permission to withdraw the present special leave petitions and states that the petitioner, Himachal Pradesh Financial Corporation, if so advised, would approach the Division Bench by way of an intra-court appeal. In view of the statement made, the special leave petitions are dismissed as withdrawn with liberty as prayed . We clarify that we have not made any comments on the merits of the case.” 6. It is settled principle of law that rules of procedure as such are handmaids of justice and each and every day’s delay is not to be explained, keeping in view the law laid down in the judgment passed by the Apex Court in Collector, Land Acquisition, Anantnag Vs. Smt. Katiji and others, (1987) 2 SCC 107. The Apex Court has also held that the issue raised is also to be taken into consideration, while deciding the application of limitation in Sheo Raj Singh (deceased) through LRs & others Vs. Union of India and another, (2023) 10 SCC 531. 7. We had already noted the contention of the learned Counsel for the Corporation on 03.03.2025 by placing reliance upon the judgment of the Apex Court in K.P. Khemka & another Vs. Haryana State Industrial and Infrastructure Development Corporation Limited, (2024) 8 SCC 391. 8. Therefore, we are of the considered opinion that the matters would require consideration on merits and the same are not liable to be dismissed on the ground of technicalities of limitation. 9. Once the Corporation had already approached the Apex Court, the period as such spent therein also, would have to be excluded from the total period. In such circumstances, we are of the considered opinion that sufficient cause has been made out to condone the delay. Accordingly, the applications are allowed and delay in filing the appeals is condoned. Appeals be registered. To come up for consideration on 27.10.2025. (G.S. Sandhawalia) Chief Justice. (Ranjan Sharma) Judge September 02, 2025 (hemlata)