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TMI Blog2002 (5) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... 002 passed in Miscellaneous Application No. 56 of 1999 in connection with appeal No. E/V-109/99. It is this order contained in annexure P-10, which is under challenge. The learned Counsel for the petitioner relying on the application for condonation of delay contends that there was sufficient explanation but the learned Tribunal had mechanically rejected the same. Me had submitted that the order contained in annexure P-10 should be set aside. He had also relied on a decision in the case of N. Balakrishnan v. M. Krishnamurthy reported in (1998) 7 Supreme Court Cases 123 to support his contention. 2. Mr. Kalyan Kr. Bandopadhyay, learned Counsel appearing on behalf of the respondents, on the other hand, points that out since this is a questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certified copy of the order. Having obtained the certified copy, the petitioner had preferred an appeal. It is further explained that the order was received in the office which is apparent from the Register of receipt of mails. It is pointed out that since it was not placed to any designated officer, therefore, the mail which was received was not forwarded to any officer and ultimately, it could not be traced. The xerox copy of the said Register has since been annexed, wherefrom it appears that the column of sending the mail receipt is lying blank, whereas in respect of other articles the same appears to have been sent to the respective designated officer as mentioned in the said Register. On this ground the delay has been asked to be condo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fide against the petitioner. 6. Having regard to the facts and circumstances of the case, it appears that there was reason to justify the delay. In N. Balakrishnan v. M. Krishnamurthy (supra) the Apex Court had taken a practical view and had laid down that in such a case a pragmatic approach has to be taken by the Courts while dealing with the condonation of delay. We may derive support from the reasoning given in the said decision in paragraphs 9 to 13 of the said decision, as quoted below: 9. It is axiomatic that condonation of delay is a matter of discretion of the Court. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Length of delay is no matter, accepta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... span for such legal remedy for the redress of the legal injury so suffered. Time is precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a lifespan must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. The law of limitation is thus founded on public policy. It is enshrined in the maxim 'interest republican up sit finalities' (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or his loss. 7. Having regard to the facts and circumstances and the ratio laid down in Balakrishnan, (supra) in my view, the facts disclosed therein are justifiable in attracting the ratio decided in the said decision. 8. In the circumstances, the delay is hereby condoned. Let the appeal be registered and be dealt with on merits by the Tribunal in accordance with law. It is expected that the learned Tribunal shall decide the question as early as possible, preferably within a period of three months from the date of communication of this order. 9. With these observations this writ petition is disposed of. 10. There will be no order as to costs. 11. Let xeroxed plain copies of this order, duty countersigned by the Assistant Registrar (Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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