(Passed on 03.05.2012)
Order below Misc. Application No.MA/07/Nil for Condonation of Delay in Appeal No.A/07/516
Per Mr S M Shembole, Hon’ble Presiding Member
1. We perused the application under order and copy of impugned judgement & order.
2. Undisputedly, there was delay of more than 243 days in preferring the appeal against the judgement & order dtd. 27.06.2006 passed by District Consumer Forum, Buldhana in consumer complaint No. CC/05/248.
3. Adv. Ms S Meshram submitted that the delay which was caused in preferring the appeal was on procedural ground only. According to her, after receipt of the copy of impugned judgement & order on 06.10.2007 the applicants were required to send the case papers to its Head Office for obtaining necessary sanction of higher authority for filing the appeal. Prior to that the case papers were required to send to the legal department and therefore there was such delay on administrative ground only. It is further submitted that there is legal point involved and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay.
4. The respondents as well as their counsel are absent. Therefore, we have had no opportunity to hear them.
5. True it is that the applicant is being a Government undertaking body, was required to obtain sanction of its higher authority for filing the appeal. The applicant was also required to obtain legal opinion. But in our view, there could be no difficulty for obtaining the necessary sanction of higher authority of the applicant in time for filing the appeal. Though applicant was required to send the case papers to its legal department and higher authority for their opinion and sanction, it could have filed the appeal within the stipulated period of limitation by obtaining sanction. On any count, there could be no reason for such inordinate delay of 243 days. Hence, it is difficult to accept the argument advanced by Adv. Ms Meshram for the applicant.
6. It is well settled law that in the absence of any just & reasonable ground no delay can be condoned much less such inordinate delay. If such delay is condoned the very object of legislature would be defeated.
7. Hence, we are declined to condone the delay and pass the following order:-
ORDER
i. Misc. Application for condonation stands rejected
ii. Consequently, appeal bearing No. A/07/516 is dismissed.
iii. No order as to cost.
iv. Copy of this order be furnished to the parties.
