TMI Blog2015 (10) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... on and the delay condonation applications to file, and consider the applications filed for condonation of delay afresh within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. There will be a stay of recovery proceedings against the petitioner, for recovery of the amounts confirmed against him by the lower authority, till such time as orders are passed by the 1st respondent, as directed in this judgment and communicated to the petitioner. - W.P.(C). No. 26656 of 2015 - - - Dated:- 4-9-2015 - A.K.JAYASANKARAN NAMBIAR, J. FOR THE PETITIONER : ADVS.SRI.A.KUMAR, SRI.P.J.ANILKUMAR, SMTG.MINI(1748) AND SRI.P.S.SREE PRASAD FOR THE RESPONDENT : SRI.K.M.V.PANDALAI, SC JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne into, and where it is established that the conduct of the litigant party is not such as would indicate that he was negligent or callous in pursuing the matter before the Forum, and further, the delay was not so huge as would cause substantial prejudice or harm to the opposite side, the situation would normally call for a condonation of the delay. The legal principle that informs such decisions is that, as far as possible, in a legal arena, the attempt must always be to enable a consideration on merits rather than to throw out the matter, on technicalities. It would be instructive to refer to the judgment of the Supreme Court in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and others - [JT 2013 (12) SC 450], wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed free play. viii) There is a distinction between inordinate delay and a delay of short duration or few days, for to the former doctrine of prejudice is attracted whereas to the latter it may not be attracted. That apart, the first one warrants strict approach whereas the second calls for a liberal delineation. ix) The conduct, behavior and attitude of a party relating to its inaction or negligence are relevant factors to be taken into consideration. It is so as the fundamental principle is that the courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go by in the name of liberal approach. x) If the explanation offered is concocted or the grounds urg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perceive delay as a non-serious matter and, hence, lackadaisical propensity can be exhibited in a non-challant manner requires to be curbed, of course, within legal parameters. On a consideration of the said principles as laid down by the Supreme Court, I am of the view that in the instant case, the 1st respondent has not considered the application for condonation of delay filed by the appellant in accordance with the decisions laid down by the Supreme Court. Accordingly, I quash Ext.P4 order and direct the 1st respondent, to restore the appeals, stay application and the delay condonation applications to file, and consider the applications filed for condonation of delay afresh within a period of two months from the date of receipt of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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