2022 (6) TMI 1504

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..... f India vs. Central Tibetian School Administration Ors. [ 2021 (2) TMI 1214 - SUPREME COURT] the delay of 532 days in filing the appeal was refused to be condoned as the Hon ble Supreme Court took note of its earlier decision in the State of Madhya Pradesh vs. Bherulal [ 2020 (10) TMI 1231 - SUPREME COURT] wherein the Court discouraged the State Government and public authorities in adopting an app .....

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..... opinion about the delay which had occurred prior to the files which were transferred to them. This cannot be taken to be an explanation for condonation of delay. Thus, for the above reasons, we are not inclined to condone the inordinate delay in filing the appeal. Accordingly, the application for condonation of delay is dismissed. - THE HON BLE JUSTICE T.S. SIVAGNANAM AND THE HON BLE JUSTICE HI .....

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..... een filed prior to 3rd September, 2017 it would have been within time. However, the appeal was filed on 25th January, 2021 resulting in a delay of 1178 days. Though there is absolutely no explanation given in the affidavit in support of the application for condonation of delay, in the reply an attempt has been made by the department to explain the delay. We find such an attempt is absolutely futil .....

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..... However, in absence of any explanation from 3 rd September, 2017 to 14th September, 2018 we have no option except to hold that the delay cannot be condoned. Even going by the dates and events after 14th September, 2018 we find that there are several periods during which the delay remained unexplained. In a recent decision of the Hon ble Supreme Court in Union of India vs. Central Tibetian School A .....

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..... t cause has been shown for condonation of delay. In the case on hand, there is a delay of 1178 days. As pointed out earlier for more than two years there is absolutely no explanation and in the department who is presently pursuing the appeal would state that it is the assessment Circle which is handling the file prior to its transfer and they have no opinion about the delay which had occurred prio .....

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