TMI Blog1990 (4) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... onths 30-05-1984 131 C/539/84-B2 19-10-1983 3 Months 30-05-1984 131 C/540/84-B2 19-10-1983 3 Months 30-05-1984 131 C/844/84-B2 26-12-1983 3 Months 13-07-1984 108 C/845/84-B2 26-12-1983 3 Months 13-07-1984 108 C/846/84-B2 26-12-1983 3 Months 13-07-1984 108 C/847/84-B2 26-12-1983 3 Months 13-07-1984 108 The applicant has also filed 7 applications for Condonation of Delay. Shri Sanjay Grover, Ld. Advocate has reiterated the contentions made in the applications for condonation of delay. Shri Grover pleaded that the number of worke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , reported in AIR 1972 (SC) 749 had held that sufficient cause cannot be construed merely because the party in default is government. The Hon ble Supreme Court of India in the case of Ramlal and Others v. Rewa Coalfields Ltd. reported in AIR 1962 (SC) 361 had held that after the expiry of the limitation, the Respondent acquires substantial rights and the appellant has to explain each and every day s delay. Para No. 12 from the said judgment is reproduced below :- It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant because apart from the general criticism made against the appellants lack of diligence during the period of limitation no other fact had been adduced against it. Indeed, as we have already pointed out, the learned Judicial Commissioner rejected the appellant s application for condonation of delay only on the ground that it was appellant s duty to file the appeal as soon as possible within the period prescribed, and that, in our opinion, is not a valid ground. In view of the above legal discussion, we hold that the appellant was not prevented by sufficient cause in the late filing of the appeals. We hold that these are not the fit matters where the Tribunal should exercise its discretion for condoing the delay. The above captioned ..... X X X X Extracts X X X X X X X X Extracts X X X X
|