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2019 (11) TMI 1278 - BOMBAY HIGH COURTCondonation of delay in filing appeal - Time limitation - maintainability of appeal - allegation that appeal was instituted beyond the period of one year from the date of the receipt of the impugned order - HELD THAT:- The petitioner, in this case, has admitted that the intimation with regard to the order was received by it on 22/05/2012. On the same date, certified copy was applied for and such certified copy was delivered on 24/05/2012. The appeal has been filed on 26/04/2013 i.e. within the period of one year from the date of receipt of the order by the petitioner. Accordingly, the Appellate Authority was duty bound to consider the cause shown by the petitioner and to determine whether the same constitutes sufficient cause. The matter was required to be remanded in order to enable the Appellate Authority to appreciate the cause shown - However, we find that the petitioner has stated that its old consultant was not keeping good health and suffering from heart ailment. The consultant, in fact, underwent bypass surgery as well. Accordingly, the papers were handed over to another consultant. However, this consultant also fell sick and virtually lost his eyesight due to diabetic retinopathy. According to us, in the peculiar facts of the present case, this constitutes sufficient cause for non instituting the appeal within the prescribed period. It is true that the petitioner, should have acted with little greater diligence. Therefore, whilst condoning the delay, the petitioner will have to be put to terms. Revision petition allowed.
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