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2019 (1) TMI 957 - HIMACHAL PRADESH HIGH COURTDelay in filing appeal - condonation of delay - bonafide on the part of the appellant in not filing the application for condonation of delay alongwith appeal - Approval u/s 10(23C)(vi)rejected - Held that:- Though there was some negligence on the part of Management of the Society in not pursuing the filing of appeal after entrustment of the documents to its counsel through mail but the negligence was not such of a degree that the Tribunal ought to have dismissed the appeal being barred by limitation. The application was duly supported by an affidavit. The necessity to disclose the name of the counsel alone would have embarrassed the Advocate concerned and amounted to casting aspersion on a Member of Bar. The fact that the application for condonation of delay was moved after receiving show cause notice from the Registry of the Tribunal gives credence to the appellant’s plea that it was under a bonafide impression that the appeal had been filed and it was only when the show cause notice was received that the appellant came to know that the counsel to whom documents were mailed had taken no steps to file the appeal. The aforesaid fact was suggestive of the bonafide on the part of the appellant in not filing the application for condonation of delay alongwith appeal. The only negligence on the part of the appellant society was that it failed to pursue the matter with the counsel to whom the documents were mailed. In the case of such type of negligence, equities can be well balanced by imposing costs on the party negligent. We are thus of the view that the Tribunal’s endeavour ought to have been to decide the appeal on merits instead of rejecting the same on technical ground of being barred by limitation.
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