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2022 (9) TMI 2 - HC - Indian LawsCondonation of delay in filing appeal - exclusion of the period from 15.03.2020 to 28.02.2022 - time limitation - HELD THAT:- In view of the order of the Hon’ble Supreme Court in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [2021 (3) TMI 497 - SC ORDER], the appellant is entitled to exclusion of the period from 15th of March, 2020 to 14th of March, 2021 in computing the period of limitation and thereafter further 90 days limitation from 15th of March, 2021 - In the present case, after filing the application for condonation of delay, a supplementary affidavit has also been filed with additional documents to explain the delay. A perusal of GA 1 of 2021 and also the supplementary affidavit reveals that the copy of the order of the learned Single Judge was received by the appellant on 18.04.2019 and the same was placed before the Regional Manager and a prompt decision was also taken to prefer an appeal and the communication dated 6th of May, 2019 was sent by the applicant to the advocate making a request to file the appeal against the order of the learned Single Judge but thereafter the appeal was not filed within time and the same was filed on 16th of July, 2021 - It is settled position of law that a party cannot be made to suffer on account of the fault or lapses committed by the advocate. There was no negligence or lapse on the part of the appellant and the appellant had taken proper and prompt steps for filing the appeal and the appellant issued instruction to the learned advocate to file the appeal within time - It is settled position of law that application for condonation of delay is required to be considered liberally. Since, in the present case, it is found that sufficient explanation has been furnished for the delay and the delay is not attributable to the appellant, therefore, it is deemed proper to allow application and condone the delay in filing the appeal. The delay is condoned - application allowed.
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