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TMI Blog2017 (9) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner-company has averred as follows: "6. I respectfully submit that due to closure of the mill, entire staff left the company and the order which could have been served on the security staff was not brought to the notice of the persons in charge like the Directors of the Company. When the deponent met their counsel in the last week of December, 2006, the counsel informed that the petitioner had not given instructions for further action against the order dated 10.05.2002 passed by the 1st respondent. Immediately, steps were taken to file the present appeal. Taking into account the date of signing of the order by the officer of the 1st respondent on 30.5.2002, the last date for filing the appeal expired on 1.12.2002. The appeal has been fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but, gross negligence on the part of the counsel or litigant is to be taken note of. 21.5. (v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact. 21.6. (vi) It is to be kept in mind that adherence to strict proof should not affect public justice and cause public mischief because the courts are required to be vigilant so that in the ultimate eventuate there is no real failure of justice. 21.7. (vii) The concept of liberal approach has to encapsulate the conception of reasonableness and it cannot be allowed a totally unfettered free play. 21.8. (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 at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unathpur Nafar Academy, reported in (2013) 12 SCC 649, in H.Dohil Constructions Company Private Limted V. Nahar Exports Limited and Another, reported in 2015(1) Supreme Court cases 680, Hon'ble Supreme Court, at paragraph Nos.23 and 24, held as follows: "23. We may also usefully refer to the recent decision of this Court in Esha Bhattacharjee [Esha Bhattacharjee v. Raghunathpur Nafar Academy, reported in (2013) 12 SCC 649], where several principles were culled out to be kept in Principles (iv), (v), (viii), (ix) and (x) of para 21 can be usefully referred to, which read as under: (SCCpp.658-59) 21.4(iv) No presumption can be attached to deliberate causation of delay but, gross negligence on the part of the counsel or litigant is to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urned for refiling, the non-furnishing of satisfactory reasons for not refiling of papers in time and the failure to pay the Court fee at the time of the filing of appeal papers on 06.09.2007, the reasons which prevented the Respondents from not paying the Court fee along with the appeal papers and the failure to furnish the details as to who was their counsel who was previously entrusted with the filing of the appeals cumulatively considered, disclose that there was total lack of bonafides in its approach. It also requires to be stated that in the case on hand, not refiling the appeal papers within the time prescribed and by allowing the delay to the extent of nearly 1727 days, definitely calls for a stringent scrutiny and cannot be accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he party concerned may think that preserving the relevant records would be unnecessary in view of the fact that there was no further proceeding. If a litigant chooses to approach the Court long after the time prescribed under the relevant provisions of the law, he cannot say that no prejudice would be caused to the other side by the delay being condoned. The other side would have in all probability destroyed the records thinking that the records would not be relevant as there was no further proceeding in the matter. Hence to view a matter of condonation of delay with a presupposition that no prejudice will be caused by the condonation of delay to the respondent in that application will be fallacious. In our view, each case has to be decided ..... X X X X Extracts X X X X X X X X Extracts X X X X
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