9911796707
TMI Blog1994 (8) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant, M.P. Electricity Board are a body corporate duly constituted under Section 5(1) of the Electricity (Supply) Act, 1948 with its registered office at Rampur Jabalpur (MP) and have territorial jurisdiction throughout the State of Madhya Pradesh. 3. The admitted facts are that the order-in-appeal dated 8/9-6-1993 was received by the applicant on 14-6-1993, limitation period expired on 13/14-9-1993 and the applicant s application for condonation of delay was received in the Registry at New Delhi on 18-10-1993. 4. Ld. Advocate for the appellant Shri L.P. Asthana drawing our attention to the sequence of events listed in the Misc. application filed subsequently containing additional material, submitted that the appellants/applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strict and pedantic stand which would cause injustice, should be avoided. Such application should be considered from the point of view which would advance the cause of justice. Citing again the case of Collector, Land Acquisition, Annantnag and Another v. Mst. Katiji and Others reported in 1987 (28) E.L.T. 185 (SC) Ld. Advocate submitted that the Apex Court had held that liberal approach is to be adopted for condonation of delay and that ordinarily a litigant does not stand to benefit by lodging an appeal late. And refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated; that every day s delay must be explained does not mean that a pedantic approach should be ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon the conflicting legal advices tendered, which resulted in delay. We do not find much force in this contention, particularly when the preamble to the order-in-appeal itself clearly indicated the forum to which the appeal lay. The preamble stated that any appeal against this order lies to Customs, Excise and Gold (Control) Appellate Tribunal and yet the appellant spent valuable limitation period merely in deciding where to go to seek relief. It was held by this Tribunal in the case of Shalimar Group (supra) that the delay caused because of legal advice cannot constitute sufficient cause. In case of Ram Bhawan Singh and Others v. Jagdish and Others reported in Jt. 1990 (3) SC 704, the Hon ble Apex Court rejected the contention of legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he analogy of a poor agriculturist with a little knowledge of legal step to be taken in such cases cannot be applied to the appellants, particularly when it is seen that the appellants had a senior Law officer. The case of Collector, Land Acquisition, Annantnag and Another v. Mst. Katiji and Others (supra) again is distinguishable. Here the delay of four days is involved and it was the case where compensation had been enhanced by upward revision of the order of 800% which also raised important questions as regards principles of valuation. In the judgment in para 1 itself the Hon ble Apex Court observed To condone, or not to condone, is not the only question. Whether or not to apply the same standard in applying the `sufficient cause test ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onveying clear fears about possible legal complication in delaying action. Even when on 16-9-1993 Shri Kanak Tiwari, Advocate, advised to file the appeal before Tribunal, the decision to file was taken only on 30-9-1993 nearly after 13 days. Even after this appeal was actually filed on 18-10-1993 without adequately explaining the delay in a matter where each day s delay could be fatal. Every day s delay must be explained, has to be pleaded in rational and pragmatic manner is well settled law. In the present case, however, we find no such explanation between 30-9-1993 to 17-10-1993 was given. No serious attempt was made to take the matter seriously when the limitation period had already expired and pursue it with diligence it needed. In fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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