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Issues involved: Delay in filing appeal, non-suiting the petitioner for condonation of delay.
Delay in filing appeal: The petitioner sought to condone a delay of 648 days in filing an appeal against an order in original. The reason for the delay was attributed to the inaction of previous counsels, leading to retrieval of case bundles and engagement of a new counsel. The Tribunal non-suited the petitioner, citing lack of evidence that the previous advocates were engaged by the petitioner for filing the appeal. The Court found it unreasonable to expect support from those advocates and held that the reason for non-suiting the petitioner cannot be accepted. Precedent and similar cases: Referring to a previous case involving Apollo Hospitals Enterprises Ltd. v. Union of India, where a similar issue was considered, the Court noted that writ appeals were pending before the Division Bench challenging actions taken by authorities in similar circumstances. Considering the multitude of pending writ petitions and appeals across various High Courts, the Court opined that the delay in this case could be condoned. Judgment: The Court set aside the order non-suiting the petitioner for condonation of delay, allowing the writ petition. The Tribunal was directed to take up the appeal on file and decide the issue on merits. No costs were awarded, and a related miscellaneous petition was dismissed.
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