2012 (7) TMI 786

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..... use advanced. Condonation of delay of unexplained nature shall be premium to the lapse. There is no sufficient cause to condone the delay of 603 days made in the present case to seek appeal remedy. Just because the Tribunal is vested with the discretion to condone the delay, exercise of such discretion is not meant to grant premium to the default of delay when neither cogent nor believable reason exist. - C/COD/22/2011, C/S/25/2011 & C/25/2011 - Final Order No. 87/2012 - Dated:- 30-1-2012 - Dr. CHITTARANJAN SATAPATHY, Mr. D.N.PANDA, JJ. Shri S.Venkatachalam, Advocate For the Appellant/s Shri V.V.Hariharan, JCDR For the Respondent/s Per D.N.Panda Appeal in this case was filed before the Tribunal on 12.1.2011. Im .....

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..... ord. 6. We do appreciate that right of appeal for redressal of grievance is a valuable right. But such a right is exercisable within the period prescribed by the statute. Time being essential, prescription of time limit for exercise right of remedy is the necessity of civil society to prevent litigation unended for a long time. Therefore right diminishes with the passage of time and vanishes when law of limitation operates. 7. Law of limitation has prescribed life span for legal remedy. Time of Judicial forums being precious is not expected to be wasted trying the belated prayers since during the afflux of time newer causes sprout up necessitating newer persons to seek legal remedy by approaching courts. Unending period for launching th .....

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..... ze that he may run in risk when SCN resulted in adjudication of demand and penal consequences, he became a silent spectator. Present application is abuse of process of law for no reasonable cause advanced. Condonation of delay of unexplained nature shall be premium to the lapse. There is no sufficient cause to condone the delay of 603 days made in the present case to seek appeal remedy. 10. Just because the Tribunal is vested with the discretion to condone the delay, exercise of such discretion is not meant to grant premium to the default of delay when neither cogent nor believable reason exist. We are conscious that length of delay is immaterial while cause of delay counts following the ratio laid down by the apex court in the case of N. .....

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