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TMI Blog2024 (6) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... n and laches on its part, the period of limitation for filing the appeal expires, such lack of bona fide and gross inaction and negligence are the vital factors which should be taken into consideration while considering the question of condonation of delay. The Hon ble Apex Court in Ramlal, Motilal and Chhotelal Vrs. Rewa Coalfields Ltd. [ 1961 (5) TMI 54 - SUPREME COURT] has held that merely because sufficient cause has been made out in the facts of the given case, there is no right to the appellant to have delay condoned. Thus, the expression sufficient cause has been dealt with which means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has not acted deliberately or remained inactive . This Court, after taking into consideration the ratio laid by the Hon ble Apex Court as also the explanation furnished in the delay condonation application, is of the view that no sufficient cause has been shown to condone inordinate delay of 891 days in filing the appeal. The COD application dismissed. - HON BLE MR. JUSTICE SUJIT NARAYAN PRASAD AND HON ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y condonation application deserves to be rejected. 7. We have heard the learned counsel for the appellants on delay condonation application and before considering the same, this Court, deems it fit and proper to refer certain legal proposition as has been propounded by the Hon ble Apex Court with respect to the approach of the Court in condoning the inordinate delay. 8. There is no dispute about the fact that generally the lis is not to be rejected on the technical ground of limitation but certainly if the filing of appeal suffers from inordinate delay, then the duty of the Court to consider the application to condone the delay before entering into the merit of the lis 9. It requires to refer herein that the Law of limitation is enshrined in the legal maxim interest reipublicae ut sit finis litium (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, rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of time, as has been held in the judgment rendered by the Hon ble Apex Court in Brijesh Kumar Ors. Vrs. State of Haryana Ors., (2014) 11 SCC 351. 10. The Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. 28. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody, including the Government. 29. In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er General v. Living Media (India) Ltd., (2012) 3 SCC 563]. 4. We have also expressed our concern that these kinds of the cases are only certificate cases to obtain a certificate of dismissal from the Supreme Court to put a quietus to the issue. The object is to save the skin of officers who may be in default. We have also recorded the irony of the situation where no action is taken against the officers who sit on these files and do nothing. 5. Looking to the period of delay and the casual manner in which the application has been worded, the wastage of judicial time involved, we impose costs on the petitioner State of Rs 35,000 to be deposited with the Mediation and Conciliation Project Committee. The amount be deposited within four weeks. The amount be recovered from the officer(s) responsible for the delay in filing and sitting on the files and certificate of recovery of the said amount be also filed in this Court within the said period of time. We have put to Deputy Advocate General to caution that for any successive matters of this kind the costs will keep on going up. 15. The Hon ble Apex Court in Ramlal, Motilal and Chhotelal Vrs. Rewa Coalfields Ltd., (1962) 2 SCR 762 , has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e within the period prescribed, and that, in our opinion, is not a valid ground. 16. Thus, it is evident that while considering the delay condonation application, the Court of Law is required to consider the sufficient cause for condonation of delay as also the approach of the litigant as to whether it is bona fide or not as because after expiry of the period of limitation, a right is accrued in favour of the other side and as such, it is necessary to look into the bona fide motive of the litigant and at the same time, due to inaction and laches on its part. 17. It also requires to refer herein that what is the meaning of sufficient cause . The consideration of meaning of sufficient cause has been made in Basawaraj Anr. Vrs. Spl. Land Acquisition Officer, [(2013) 14 SCC 81], wherein, it has been held by the Hon ble Apex Court at paragraphs 9 to 15 hereunder:- 9. Sufficient cause is the cause for which the defendant could not be blamed for his absence. The meaning of the word sufficient is adequate or enough , inasmuch as may be necessary to answer the purpose intended. Therefore, the word sufficient embraces no more than that which provides a platitude, which when the act done suff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is never an evil. A court has no power to ignore that provision to relieve what it considers a distress resulting from its operation. The statutory provision may cause hardship or inconvenience to a particular party but the court has no choice but to enforce it giving full effect to the same. The legal maxim dura lex sed lex which means the law is hard but it is the law , stands attracted in such a situation. It has consistently been held that, inconvenience is not a decisive factor to be considered while interpreting a statute. 13. The statute of limitation is founded on public policy, its aim being to secure peace in the community, to suppress fraud and perjury, to quicken diligence and to prevent oppression. It seeks to bury all acts of the past which have not been agitated unexplainably and have from lapse of time become stale. According to Halsbury's Laws of England, Vol. 28, p. 266: 605. Policy of the Limitation Acts. The courts have expressed at least three differing reasons supporting the existence of statutes of limitations namely, (1) that long dormant claims have more of cruelty than justice in them, (2) that a defendant might have lost the evidence to disprove a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the reason that whenever the Court exercises discretion, it has to be exercised judiciously. The applicant must satisfy the Court that he was prevented by any sufficient cause from prosecuting his case, and unless a satisfactory explanation is furnished, the Court should not allow the application for condonation of delay. The Court has to examine whether the mistake is bona fide or was merely a device to cover the ulterior purpose as has been held in Manindra Land and Building Corporation Ltd. Vrs. Bhutnath Banerjee Ors., AIR 1964 SC 1336, Lala Matadin Vrs. A. Narayanan, (1969) 2 SCC 770, Parimal Vrs. Veena @ Bharti, (2011) 3 SCC 545 and Maniben Devraj Shah Vrs. Municipal Corporation of Brihan Mumbai, (2012) 5 SCC 157. 19. It has further been held in the aforesaid judgments that the expression sufficient cause should be given a liberal interpretation to ensure that substantial justice is done, but only so long as negligence, inaction or lack of bona fides cannot be imputed to the party concerned, whether or not sufficient cause has been furnished, can be decided on the facts of a particular case and no straitjacket formula is possible, reference in this regard may be made to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has not acted deliberately or remained inactive . 22. This Court, in order to assess as to whether the ground as has been referred interlocutory application can be considered to be sufficient cause for condoning the delay of 891 days in filing the Civil Misc. Petition for restoration of tax appeal, has scrutinized the pleading available on record and found therefrom that the restoration application being CMP No. 83 of 2020 has been filed for restoration of Tax Appeal No. 19 of 2016, which has been dismissed for default on 28.07.2017 for non-compliance of order dated 14.07.2017 passed in C.M.P. No. 54 of 2017. It further appears that Tax Appeal No. 19 of 2016 has been filed against the order dated 17.12.2015 passed by learned Customs, Excise and Service Tax, Appellate Tribunal, Kolkata. The said Tax Appeal was filed with certain defects, which were not removed even after peremptory order passed by this Court, as such it was dismissed for default for non-compliance of peremptory order dated 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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