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TMI Blog2022 (9) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... nal documents to explain the delay. A perusal of GA 1 of 2021 and also the supplementary affidavit reveals that the copy of the order of the learned Single Judge was received by the appellant on 18.04.2019 and the same was placed before the Regional Manager and a prompt decision was also taken to prefer an appeal and the communication dated 6th of May, 2019 was sent by the applicant to the advocate making a request to file the appeal against the order of the learned Single Judge but thereafter the appeal was not filed within time and the same was filed on 16th of July, 2021 - It is settled position of law that a party cannot be made to suffer on account of the fault or lapses committed by the advocate. There was no negligence or laps ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 15.03.2020 to 28.02.2022 and that the delay took place because the advocate for the appellant was unwell. 3. The prayer has been opposed by the learned Counsel for the appellant by submitting that the false plea of the illness of the advocate was taken and that the advocate was appearing in contempt proceedings and that the delay was inordinate for which no proper explanation has been furnished. 4. We have heard the learned Counsel for the parties and perused the record. 5. In view of the order of the Hon ble Supreme Court dated 8th of March, 2021 in Suo Motu Writ Petition (C) No.3 of 2020 In Re: Cognizance For Extension Of Limitation, the appellant is entitled to exclusion of the period from 15th of March, 2020 to 14th of March, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and further period of 90 days is available in view of the order of the Hon ble Supreme Court dated 8th of March, 2021 passed in Suo Motu Writ Petition (C) No.3 of 2020 In Re: Cognizance For Extension Of Limitation. 8. In the aforesaid circumstances, we find that there was no negligence or lapse on the part of the appellant and the appellant had taken proper and prompt steps for filing the appeal and the appellant issued instruction to the learned advocate to file the appeal within time. In this background, the objection of the respondent that the said advocate was appearing in the contempt matter in the meanwhile is not enough to reject the explanation of the appellant. 9. It is settled position of law that application for condonatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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