JUDGMENT Mr. Mahesh Grover, J.: - This petition is directed against the judgment of the learned District Judge, Gurgaon dated 15.12.2012 by which the application filed by the petitioner for condonation of delay was dismissed. This delay has been explained by the petitioner who states that it was on account of loss of original certified copy whereupon another copy had to be procured and then opinion of the Legal Remembrancer sought. It is stated that the delay was bona fide and on account of the afore-stated facts. 2. The prayer is opposed by the learned counsel for the respondent who states that it was only after the execution proceedings were initiated that the petitioner filed an appeal and thus, it cannot be construed to be bona fide as they were in the knowledge of the proceedings throughout. 3. The Hon’ble Supreme Court in Amalendu Kumar Bera and others v. The State of West Bengal 2013(4) S.C.C. 52 has held that delay is not to be condoned in a mechanical manner but the issue is to be approached liberally. 4. Drawing sustenance from the aforesaid judgment, I am of the considered view that since the delay has been attributed to the loss of judgment and subsequent proceedings adopted by the State to take the opinion of the Legal Remembrancer which is as per norms, it cannot be said that the delay caused by the petitioner was not bona fide on account of valid reasons more particularly when the respondent can be compensated with costs. 5. Accordingly, the petition is accepted and the delay is condoned. The matter is remanded back to the learned Appellate Court for a decision afresh, subject to payment of Rs.15,000/- as costs which shall be compensatory in nature and shall be deposited before the Appellate Court for onward disbursement to the respondent. ---------0.B.S.0------------ —————————