9911796707
TMI Blog2018 (12) TMI 1959X X X X Extracts X X X X X X X X Extracts X X X X ..... he settled principle of law, it is not satisfying with the explanation rendered by the applicant either in terms of seeking restoration of the appeal or condonation in filing the application for restoration. There are no ground to allow the present applications. Both the applications are thus dismissed. - LPA 98/2003 & CM Nos. 7856/2016, 37858-37860/2017 - - - Dated:- 19-12-2018 - HON'BLE MR. JUSTICE G.S. SISTANI AND HON'BLE MS. JUSTICE JYOTI SINGH For the Appellant: Mr. S.D. Windlesh, Adv.. For the Respondent: Mr. Sumit Rastogi, Adv. G.S. SISTANI, J. (ORAL) CM No. 7855/2016 (restoration) and CM No. 7857/2016 (condonation of delay of 2590 days) 1. This is an application seeking restoration of the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inherited bureaucratic methodology imbued with the note-making, file-pushing and passing-on-the-buck ethos, delay on its part is less difficult to understand though more difficult to approve. In any event, the State which represents the collective cause of the community, does not deserve a litigant-non-grata status. The courts therefore have to be informed with the spirit and philosophy of the provision in the course of the interpretation of the expression sufficient cause . So also the same approach has to be evidenced in its application to matters at hand with the end in view to do even- handed justice on merits in preference to the approach which scuttles a decision on merits. 4. In the case of Office of the Chief Postmaster General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... priately depending on the facts and circumstances of a given case. Once a valuable right, as accrued in favour of one party as a result of the failure of the other party to explain the delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the applicant, particularly when the delay is directly a result of negligence, default or inaction of that party. Justice must be done to both parties equally. Then alone the ends of justice can be achieved. If a party has been thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly. The appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
