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2017 (11) TMI 836 - GUJARAT HIGH COURTMaintainability of petition - condonation of delay in filing appeal - Held that: - It is true that this Court has under rare and exceptional circumstances entertained writ petitions directly against the orders of the adjudicating authorities where by virtue of the nonextendable period of limitation prescribed by the statute has expired. While doing so, the Court has always been careful of not exercising such powers in a routine manner, virtually providing for an alternative parallel forum and thereby diluting the legislative intent of not allowing appeals to be presented after indefinite period of time. Some of the self imposed restrictions recognized are that the delay should otherwise be satisfactorily explained and that the litigant would suffer gross injustice if the remedy is completely shut out. In the present case, the adjudicating authority passed the order on 08.03.2016 which would have been received by the petitioner shortly thereafter. For over one and half years, no steps were taken by the petitioner to challenge it. The present petition came to be filed on or around 11.09.2017. The delay is gross. Against the maximum period of limitation of three months, even considering additional one month upto which the Commissioner can condone the delay, the present petitioner moved its first challenge almost a year and a half later. No grounds are indicated to condone such delay - Delay, even otherwise, is gross and inordinate. Petition dismissed.
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