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2018 (5) TMI 1939

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..... normally after the expiry of the period, the right to sue extinguishes and the other side acquires a right which should not be usually disturbed as it would cause injustice to the opposite party. In this case, the application seeking condonation of delay is completely silent as to when the certified copy of the impugned judgment was received and the causes for the delay in filing the present appeal. Reading of the application would show that delay was caused on account of times spent in seeking opinion from some counsel - This in our view cannot be treated as sufficient grounds as no details have been provided and only a bald statement has been made. In the absence of any satisfactory explanation, it cannot be said that the delay was caused .....

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..... elay, which is contended to be unintentional. 3. Learned counsel for the applicant has relied upon a decision rendered in the case of Ummer vs Pottengal Subida & Ors. reported in 2018 Vol. 3 JT 154, more particularly, paragraph 18 which reads as under: 18. One cannot now dispute the legal proposition that the earlier view of this Court that the appellant was required to explain the delay of each day till the date of filing the appeal has since been diluted by the later decisions of this Court and is, therefore, held as no longer good law . 4. This application is opposed by the learned counsel for the respondent, who submits that no reasonable grounds have been raised by the appellant seeking condonation of delay in filing the present ap .....

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..... and does not disclose sufficient cause for condoning the delay. 9. Since, the application is very short, we deem it appropriate to reproduce the same: 1. That the above said appeal has been filed today which is most likely to succeed as many questions of fact and law are involved. The grounds of objections may please be read as part of this application as the same are not being repeated for sake of brevity. 2. That the appellant is a body corporate and has got its own legal department, any decision to file appeal has to go through the legal department as well as higher management. 3. That the objections were decided against the appellant, the appellant preferred to take opinion from some counsels and also did self-analysis of the case and t .....

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..... g Division, New Delhi. It is relevant to note that in the said affidavit, the Department has itself mentioned and is aware of the date of the judgment of the Division Bench of the High Court in LPA Nos. 418 and 1006 of 2007 as 11.09.2009. Even according to the deponent, their counsel had applied for the certified copy of the said judgment only on 08.01.2010 and the same was received by the Department on the very same day. There is no explanation for not applying for certified copy of the impugned judgment on 11.09.2009 or at least within a reasonable time. The fact remains that the certified copy was applied only on 08.01.2010, i.e. after a period of nearly four months. In spite of affording another opportunity to file better affidavit by p .....

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..... has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government. 13) In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several mon .....

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..... er the expiry of the period, the right to sue extinguishes and the other side acquires a right which should not be usually disturbed as it would cause injustice to the opposite party. 13. We find that in this case, the application seeking condonation of delay is completely silent as to when the certified copy of the impugned judgment was received and the causes for the delay in filing the present appeal. Reading of the application would show that delay was caused on account of times spent in seeking opinion from some counsel. This in our view cannot be treated as sufficient grounds as no details have been provided and only a bald statement has been made. In the absence of any satisfactory explanation, it cannot be said that the delay was ca .....

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