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2019 (12) TMI 1136 - AT - FEMACondonation of delay in filing applications for substitution of Legal Heirs (LRs) of the deceased appellant - common application for substitutions of LRs has been filed on 01.11.2018 i.e. around 370 days from the date of death of the deceased appellant - HELD THAT:- There is a huge delay of 370 days in filing the application. It is not the case of the proposed appellants that they are not aware of the pendency of the appeals before Appellate Tribunal, it is also not the case that the proposed LRs were not running the Company or that the Company was closed after the sad demise of deceased appellant for one year. In the present case, there is not only a huge delay but also there is no sufficient explanation as to why there is a delay of 370 days in filing the application. In the present case, there is not only a huge delay but also there is no sufficient explanation as to why there is a delay of 370 days in filing the application. No doubt while dealing with the application for condonation of delay a liberal approach is to be made. While considering the application liberally it is also to be considered the length of delay, the bonafideness on the part of the appellants, non-deliberate action of the applicants, merit of the case and also the prejudice to be caused to the nonapplicants in favour of whom certain benefit has accrued. Heard and considered the application for the condonation of delay in filing the applications for substitutions of LRs, the reply filed by the respondent, the oral submissions and the materials available on record, if the application is not allowed then the merit of the appeals cannot be considered and they would be bound to pay the penalty imposed by the Adjudicating Authority. No doubt the allowing of the application would prejudice the benefits accrued to the respondent but that can be compensated by imposing cost of ₹ 25,000/- (Rupees Twenty Five Thousand) in each appeal to be paid by the proposed appellants to the respondent within six weeks from the date of this order. Application for condonation of delay in filing the applications for substitutions of LRs are allowed subject to payment of ₹ 25,000/- (Rupees Twenty Five Thousand)in each appeals to be paid within six weeks of this order.
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