9911796707
|
Home
Issues:
Delay in filing appeal; Condonation of delay; Negligence in filing appeal; Legal precedent on condonation of delay. Analysis: The appellant, a company, filed an appeal challenging an order dated 21st May, 1982, passed by the Appellate Collector of Customs, Calcutta. The appeal was presented on 26th March, 1983, past the stipulated period, with the date of service mentioned as 22nd September, 1982. The appellant sought condonation of delay, claiming the decision-making process regarding appeal filing caused the delay. The appellant's legal representative emphasized the bona fide intention and referred to a Supreme Court judgment stating negligence due to legal advice should not disentitle a party from pleading sufficient cause under Section 5 of the Limitation Act. The respondent, represented by the Junior Departmental Representative, opposed the condonation of delay, arguing that the delay would affect the respondent's substantial rights. Reference was made to a judgment highlighting the importance of not disturbing the legal rights accrued by the respondent due to the expiration of the limitation period. After hearing both parties, the judge held that the appellant's reference to the Principal abroad for appeal filing instructions did not constitute a sufficient cause for the delay. The judge cited legal precedents emphasizing that negligence that could have been avoided with due care is not a valid reason for condonation of delay. The judge highlighted that the court must be cautious in condoning delays as it may affect the substantial rights of the other party. Ultimately, the judge dismissed the appeal on the grounds of limitation, without delving into the merits of the case, as the delay was not prevented by sufficient cause. In conclusion, the judgment focused on the principle that negligence in filing an appeal, even if based on legal advice, cannot serve as a valid reason for condonation of delay. The judge underscored the importance of upholding the limitation law and the need to consider the impact on the substantial rights of the parties involved when deciding on condonation of delay.
|
