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2016 (1) TMI 143 - BOMBAY HIGH COURT

2016 (1) TMI 143 - BOMBAY HIGH COURT - TMI - Condonation of delay - Tribunal refused to condoned the delay of 448 days which occurred in filing of the Reference applications. - Held that:- The Tribunal, in the impugned order found that the delay is of 448 days. A liberal approach will not enable it to condone such a erroneous delay. There is no explanation forthcoming. A vague statement or a general remark of administrative difficulties was not enough. The version orally canvassed was not suppor .....

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sons for delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural redtape in the process.

Delay cannot be condoned. - The Writ Petitions are devoid of merits and are dismissed. - Decided against the revenue. - Writ Petition No. 7224, 7227, 7228, 7229, 9295 of 2015 - Dated:- 15-12-2015 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. For the Appellant : Mr Prad .....

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of 448 days which occurred in filing of the Reference applications. 3. Initially, the Petitioner had approached this Court by filing Writ Petition No.6360 of 2012. When that Writ Petition was disposed off by order dated 7th December, 2012, according to the Petitioner, this Court permitted initiation of appropriate proceedings. 4. The Department, after seeking clarification from the advocate, filed Reference Applications in September 2012. The action to initiate the reference proceedings was app .....

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s for condonation of delay were filed. On that, the Tribunal found that the delay of 448 days is not explained properly and hence the applications seeking the condonation of delay in filing the Reference Applications were dismissed. 5. The argument is that larger public interest has suffered because of this technical view taken on applications requesting the condonation of delay. The Tribunal could have taken note of the usual events in a Government Department. The delay occurs because of the ad .....

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