TMI Blog2018 (7) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... ndonation application, the delay condonation application is liable to be dismissed - Application for COD dismissed. - Commercial Tax Revision No. 08 of 2017 - - - Dated:- 12-6-2018 - Hon ble Rajiv Sharma And Hon ble Lok Pal Singh, JJ. Mr. Pradeep Joshi, Standing Counsel for the State / revisionist. Mr. H.M. Bhatia, Advocate for the respondent. ORDER [Per: Hon ble Lok Pal Singh, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Law Department. It is further stated in para 5 that Department instructed the concerned official to contact the Office of the Chief Standing Counsel, who in pursuance of said direction contacted the office of the Chief Standing Counsel and the case was allotted to the State Counsel. In paragraph 6 of the said affidavit it is stated that since there was no authorized translator in the Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unfettered free play. 21.9 The conduct, behaviour and attitude of a party relating to its inaction or negligence are relevant factor 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 ad the said principle cannot be given a total go by in the name of liberal approach. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 5 of the Limitation Act, 1963. Sufficient cause is a condition precedent for exercise of discretion by the court for condoning the delay. This Court has time and again held that when mandatory provision is not complied with and that delay is not property, satisfactorily and convincingly explained, the court cannot condone the delay on sympathetic grounds along. 5. Since the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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