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TMI Blog2012 (11) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... General v. Living Media India Ltd.2012 (4) TMI 341 - SUPREME COURT OF INDIA] while not condoning the delay of 427 days by the Postal Department in filing the Special Leave Petition, it was observed that it is the right time to inform all the Government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process - As no satisfactory explanation for inordinate delay of 933 days is tendered by the applicant and the applicant has failed to make out sufficient cause for condoning the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was necessary could not be taken. It is therefore requested to construe the delay liberally and condone the same. "5. The applicant submits that the applicant department was vigilant. The applicant immediately made the follow up action. However, the Jr. Standing Counsel allotted with this work was still engaged in the specifically assigned matter till 1st March 2011 the Jr. Standing Counsel was not able to attend to this matter. In this regards the department has made communication with the Jr. Standing Counsel on 4.3.2009, 26.6.2009, 4.2.2011, 28.2.2011 therefore the department was continuously following it up with the jr. Standing counsel." 3.1 On the above basis, it was submitted that the delay was not deliberate. It was further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, no further steps which were necessary were taken. In the facts and circumstances of the case, it is not possible to countenance the plea that the Department was following up continuously. Had it been vigilant in following up, this much period would not have elapsed. In the circumstances, there is no bonafide explanation for passage of time resulting into inordinate delay of 933 days. 4.2 The expression 'sufficient cause' may be required to be construed liberally, provided adequate and proper reasons exist. Liberal approach is advocated in condoning the delay and not being liberal to sufficiency of the cause where it does not exist. 5. In CWT v. Amateur Riders club [1994] Supp 2 SCC 603, the Apex Court refused to condone delay of 264 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en no negligence on the part of the applicant and the cause shown for the delay does not lack bona fides, then it may condone the delay If, on the other hand, the explanation given by the applicant is found to be concocted or he is thoroughly negligent in prosecuting his cause, then it would be a legitimate exercise of discretion not to condone the delay. (para 24) "In cases involving the Sate and its agencies/instrumentalities, the Court can take note of the fact that sufficient time is taken in the decision making process but no premium can be given for total lethargy or utter negligence on the part of the officers of the State and/or its agencies/instrumentalities and the applications filed by them for condonation of delay cannot be al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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