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TMI Blog2022 (1) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... i Sanjay Hasija, Superintendent, Authorised Representative for the Respondent ORDER COD application seeking condonation of delay of 359 days is heard today and taken up for orders. 2. Learned Counsel for the Applicant/ Appellant, in submitting several decisions numbering 12 in including 4 of the Supreme Court orders, submitted that appellant's security guards had received the&nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not condonable when cause appears to be insufficient. 4. I have gone through the cited judgments, the affidavit filed by the concern security guard and the written note of submissions made by the appellant. Admittedly, it is a refund application that has been rejected and by delaying the process appellant could not have gained much. However, having regard to the content ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LT 15 (SC). it has been clearly held by the Hon'ble Supreme Court that distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days whereas in the former case the consideration of prejudice to the other side will be a relevant factor for which the case calls for a more cautious approach but in the latter case no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ast important dak to a responsible person and leaving the same at the disposal of the security guard for which 359 days delay had occurred cannot be treated as a reasonable ground to condone the delay in filing the appeal. Hence the order. 6. The COD application seeking condonation of delay of 359 days in filing the appeal is rejected and consequently the appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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