TMI Blog2019 (12) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is to be made. While considering the application liberally it is also to be considered the length of delay, the bonafideness on the part of the appellants, non-deliberate action of the applicants, merit of the case and also the prejudice to be caused to the nonapplicants in favour of whom certain benefit has accrued. Heard and considered the application for the condonation of delay in filing the applications for substitutions of LRs, the reply filed by the respondent, the oral submissions and the materials available on record, if the application is not allowed then the merit of the appeals cannot be considered and they would be bound to pay the penalty imposed by the Adjudicating Authority. No doubt the allowing of the application would prejudice the benefits accrued to the respondent but that can be compensated by imposing cost of ₹ 25,000/- (Rupees Twenty Five Thousand) in each appeal to be paid by the proposed appellants to the respondent within six weeks from the date of this order. Application for condonation of delay in filing the applications for substitutions of LRs are allowed subject to payment of ₹ 25,000/- (Rupees Twenty Five Thousand)in each appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Babu Muppalaneni, the Managing Director of the Appellant Company i.e. M/s. Sanjay Agro Traders (P) Ltd., Guntur having died on 26.10.2017, after prolong illness and pain of emotional suffering due to injustice done to him by the Impugned Order dated 15.09.2008 so unjustly and improperly passed. That family members are totally dejected and sad due to the sad demise of their near and dear one and by also said effect of the said Impugned Order. That this fact could not be brought on record primarily due to such sad situations in the family and also due to honest oversight. The Appellant Company stands to no gain by this late submission and the latches is bonafide and no voluntary. That it is merely inadvertence and human error that the Application could not be filed in time. That Applicants/Appellants Company is from Hyderabad, AP/Telangana. That family members are totally dejected and sad due to the sad demise of their near and dear one and by also said effect of the said Impugned Order. The delay in filing the said Application for substitution is not deliberate or intentional. It had happened just for honest human error and certain exigencies which were beyond control of the LRs of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication does not state and reasonable cause reflecting as to how the Counsel for the Appellant was prevented from moving a timely application before this Hon‟ble Tribunal. c) In view of the above reliance is placed on the judgment of Hon‟ble Supreme Court in the case of N. Balakrishnan v. M. Krishnamurthy (AIR 1998 SC 3222) wherein it has been held that: The law of limitation fixes a lifespan for such legal remedy for the redress of the legal injury so suffered. Time is precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a lifespan must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. The law of limitation is thus founded on public policy. It is enshrined in the maxim interest reipublicae up sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the type of case. The words sufficient cause‟ in Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice, when the delay is no on account of any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant. (ii) In considering the reasons for condonation of delay, the courts are more liberal with reference to applications for setting aside abatement, than other cases. While the court will have to keep in view that a valuable right accrues to the legal representatives of the deceased respondent when the appeal abates, it will not punish an appellant with foreclosure of the appeal, for unintended lapses. The courts tend to set aside abatement and decide the matter on merits, rather than terminate the appeal on the ground of abatement. (iii) The decisive factor in condonation of delay, is not the length of delay, but sufficiency of a satisfactory explanation. (iv) The extent or degree of leniency to be shown by a court depends on the nature of application and facts and circumstances of the case. For example, courts view delays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he party concerned. The purpose of introducing liberal construction normally is to introduce the concept of reasonableness as it is understood in its general connotation. 26. The law of limitation is a substantive law and has definite consequences on the right and obligation of a party to arise. These principles should be adhered to and applied appropriately depending on the facts and circumstances of a given case. Once a valuable right has accrued in favour of one party as a result of the failure of the other party to explain the delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the applicant, particularly when the delay is directly a result of negligence, default or inaction of that party. Justice must be done to both parties equally. Then alone the ends of justice can be achieved. If a party has been thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly. 13. Recently in Maniben Devraj Shah v. Municipa ..... 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