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Issues involved: Appeal with delay of 73 days, condonation of delay, abuse of process of law.
Delay Condonation Application: The appellant sought condonation of delay of 73 days in filing the appeal. The application mentioned that the manager of the appellant was ill for a specific period, supported by a medical certificate. However, the application failed to provide a convincing explanation as to why the appellant was wholly dependent on the manager. The Tribunal noted that the appellant did not demonstrate awareness of its rights before or after the limitation period. The Tribunal emphasized that an indolent litigant does not deserve consideration for a belated appeal, especially when facing a significant demand. The application did not clarify whether the delay was bona fide or deliberate, which led to the dismissal of both delay condonation applications, stay applications, and appeals in both cases. Abuse of Process of Law: The Tribunal, following the decision of the Apex Court in the case of N. Balakrishnan v. M. Krishnamurthy, emphasized that justice does not warrant permitting abuse of the legal process. The Tribunal highlighted that the cause of delay was not convincible and therefore not condonable. The decision to dismiss the applications was based on the principle that no litigant should prejudice themselves by filing a belated appeal without a cogent reason, especially in a case where the appellant did not demonstrate consciousness of their rights. Miscellaneous Applications: Due to the dismissal of the delay condonation applications and appeals, the other two miscellaneous applications registered became infructuous. The Tribunal concluded by dismissing all applications and appeals in both cases, emphasizing the importance of not abusing the legal process and maintaining a valid cause for delay condonation.
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