2014 (9) TMI 616

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..... d to explain the delay from the last date of limitation till the date of filing of the appeal. If the appellant had 90 days to file the appeal from the date of receipt of the order sought to be challenged, the appellant need not have done anything at all for the first few days. The appellant could very well have become active only towards the end. In that view of the matter, the decision to dismiss the application for condonation of delay on the ground of a minor discrepancy in the date of receipt of the order sought to be appealed against, is not only unduly harsh, but also not sustainable in law. It is well settled that delay is to be explained from the last date of limitation onwards. What transpires during the entire period from the tim .....

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..... to file an appeal. We are not inclined to reject the appeal on the technical ground that it involves no substantial question of law, since the Single Bench rejected the writ application on the ground of existence of alternative remedy of appeal. The appeal is, therefore, entertained. 4. Without going into technicalities, we deem it appropriate to consider the legality of the order impugned on its merits. There was apparently a delay of 73 days in filing the appeal before the Tribunal. The appellant submitted that the impugned order in appeal was received on February 22, 2011 by one of the security staff. The representative of the department, however, produced a copy of the acknowledgement wherefrom it appeared that a representative of t .....

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..... n of delay on the ground of a minor discrepancy in the date of receipt of the order sought to be appealed against, is not only unduly harsh, but also not sustainable in law. It is well settled that delay is to be explained from the last date of limitation onwards. What transpires during the entire period from the time when the order is received and the time when appeal becomes barred by limitation is not required to be explained. The appellant has only to show that, there was sufficient cause for not filing the appeal on the last day of limitation and thereafter explain the delay. The impugned order cannot be sustained and the same is set aside. 7. The learned Tribunal shall consider the application for condonation of delay afresh in the .....

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