9911796707
TMI Blog2017 (2) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that: - Though no hard and fast rule is laid, the Apex Court had advocated a liberal approach in condoning the delay of short duration and stricter approach where the delay is inordinate. The delay in the present case is only 28 days. The delay in filing the appeal can be condoned by putting the appellant on terms - the appellant shall pay cost of ₹ 5,000/- to respondent within one mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the delay. She submitted that in the application for condonation of delay the appellant had stated that the appeal could not be filed within the time limit of 60 days for the reason that the official concerned with the files was on leave and that appellant could not co-ordinate with the appellant's advocate and therefore the appeal could not be filed within the prescribed time. The Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rightly dismissed the appeal. 4. I have heard both sides and perused the records. It is seen from the impugned order that the reason stated by the appellant for the delay in filing the appeal is that the papers were misplaced in the appellant's office and also that the concerned official dealing with the appeal was on leave and therefore the appellant could not coordinate the matter with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roach where the delay is inordinate. The delay in the present case is only 28 days. 5. In view thereof, I am of the opinion that the delay in filing the appeal can be condoned by putting the appellant on terms. I direct that the appellant shall pay cost of ₹ 5,000/- to respondent within one month from the date of receiving the copy of this order and report the same to the Commissioner (Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
