TMI Blog2014 (5) TMI 953X X X X Extracts X X X X X X X X Extracts X X X X ..... by the party by the exercise of due care and attention - appellant should take due care and attention in filing the appeals in time. In the present facts and circumstances, it is not coming out that the appellant took due care and attention in filing the appeal and in explaining the delay - Condonation denied. - ST/11653 to 11655/2013 - A/11375 - 11377/2013 - Dated:- 25-10-2013 - H.K. THAKUR, J. For the Appellant : Ms. Richa Goyal, Company Secretary For the Respondent : Shri S. K. Mall, Shri G. P. Thomas (ARs) PER : H.K. Thakur, Mr. 1. These appeals are filed by the appellant against OIA No. SRP/297, 298/VAPI/2012-13 and OIA No. SRP/296/VAPI/2012-13 , both dated 07.03.2013. Under these OIAs, Commissioner (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd whether that employee had to proceed on leave suddenly on account of ill health or otherwise. From both the case laws, relied upon by the appellant in those cases, but no such justification / explanation has been given in the present appeals. 5. Under this Situation, it is relevant to see the law laid down by Hon ble Supreme Court in the case of Balwant Singh Vs. Jadgish Singh, wherein in Para 13 and 14 following has been observed: - 13. As held by this Court in the case of Mithailal Dalsangar Singh (supra), the abatement results in the denial of hearing on the merits of the case, the provision of abatement has to be construed strictly. On the other hand, the prayer for setting aside abatement and the dismissal consequent upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to persuade the Court to believe that the explanation rendered is not only true, but is worthy of exercising judicial discretion in favour of the applicant. If it does not specify any of the enunciated ingredients of judicial pronouncements, then the application should be dismissed. On the other hand, if the application is bona fide and based upon true and plausible explanations, as well as reflect normal behaviour of a common prudent person on the part of the applicant, the Court would normally tilt the judicial discretion in favour of such an applicant. Liberal construction cannot be equated with doing injustice to the other party. In the case of State of Bihar v. Kameshwar Prasad Singh [(2000) 9 SCC 94], this Court had taken a liberal ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l justice. As has been observed by the Madras High Court in Krishna v. Chathappan, ILR 13 Mad 269. It is however, necessary to emphasize that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the court by Section 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gislature, it is intended to be enforced in its proper perspective. It is an equally settled principle of law that the provisions of a statute, including every word, have to be given full effect, keeping the legislative intent in mind, in order to ensure that the projected object is achieved. In other words, no provisions can be treated to have been enacted purposelessly. Furthermore, it is also a well settled canon of interpretative jurisprudence that the Court should not give such an interpretation to provisions which would render the provision ineffective or odious. Once the legislature has enacted the provisions of Order 22, with particular reference to Rule 9, and the provisions of the Limitation Act are applied to the entertainment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces and when viewed from the reasonable standard of practical and cautious men. The sufficient cause should be such as it would persuade the Court, in exercise of its judicial discretion, to treat the delay as an excusable one. These provisions give the Courts enough power and discretion to apply a law in a meaningful manner, while assuring that the purpose of enacting such a law does not stand frustrated. We find it unnecessary to discuss the instances which would fall under either of these classes of cases. The party should show that besides acting bona fide, it had taken all possible steps within its power and control and had approached the Court without any unnecessary delay. The test is whether or not a cause is sufficient to see whet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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