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2015 (8) TMI 1404 - CHHATTISGARH HIGH COURTCondonation of delay of 11 months in filing appeal - case of appellant is that the explanation furnished for delay of 11 months in filing the appeal has not been considered at all. The Tribunal has simply proceeded on an assumption of deemed service of the order of the Lower Appellate Authority, under Section 27 of the General Clauses Act. The deemed presumption is not absolute but is rebuttable - Held that: - The law with regard to condonation of delay and what may or may not constitute ‘sufficient cause’ cannot be put in rigid straitjacket formula. What will constitute sufficient cause will depend upon facts of each case. Duration of delay is also relevant consideration especially when it is not gross and inordinate. The adverse consequences that will follow if an appeal is dismissed on technicalities without going into merits has also to be kept in mind. The notices by the Tribunal are sent by registered posts. Even if notice for hearing of the stay application sent by the Tribunal at the Chhattisgarh address was returned with a postal endorsement as “left”, it may again raise a presumption but which cannot be absolute. It is not uncommon that if for any reason the postman has not been able to deliver a registered letter within the specified days because the premises may have been locked for one reason or the other on the occasion when the postman went there, he prefers to make his own endorsement and return it. More recently, in the case of Esha Bhattacharjee Versus Managing Committee of Raghunathpur Nafar Academy and others [2015 (1) TMI 1053 - SUPREME COURT], considering the entire conspectus of law based on judicial precedents with regard to condonation of delay and sufficient cause, holding that merit adjudication was always to be preferred to a dismissal of the case at the outset on technicalities leaving the dispute festal. The appeal is restored to file - delay condoned - appeal allowed.
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