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2018 (5) TMI 1939

..... application is highly casual in nature, it lacks material particulars and does not disclose sufficient cause for condoning the delay. While considering the application seeking condonation of delay, the period of delay is not the criteria. A short delay may not be condoned in the absence of an acceptable explanation while a large delay may be condoned if the explanation is satisfactory. Courts cannot lose track of the fact that 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 impugn .....

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..... ts that the appellant is a corporate body with a legal department and any decision to file the appeal has to go through the legal department as well as by the higher management. The appellant had preferred to take an opinion from some counsels and also gave some self-analysis of the case. Thereafter, the facts were placed before the higher management of the company and thus, this process took some time and resulted in delay, 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 .....

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..... ourt has also observed that a liberal approach must be taken, provided there is no gross negligence, deliberate inaction or lack of bonafides imputable to the parties seeking condonation of delay. 8. We have carefully examined the application filed by the appellant seeking condonation of delay. A careful reading of the application would show that the application is highly casual in nature, it lacks material particulars 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 .....

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..... ase of Office of the Chief Postmaster General & Ors. Vs. Living Media India Limited and Anr., reported at AIR 2012 SC 1506, the Supreme Court of India has analysed the entire law on the subject. It would be relevant to reproduce paras 11 to 13, which is reproduced below: 11) We have already extracted the reasons as mentioned in the "better affidavit" sworn by Mr. Aparajeet Pattanayak, SSRM, Air Mail Sorting 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 .....

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..... persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession 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 tech .....

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..... rises for our consideration is whether the application discloses sufficient grounds for condonation of delay. 12. While considering the application seeking condonation of delay, the period of delay is not the criteria. A short delay may not be condoned in the absence of an acceptable explanation while a large delay may be condoned if the explanation is satisfactory. Courts cannot lose track of the fact that 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. 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 .....

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