Below for Delay Condonation Application
Per Mr S M Shembole, Hon’ble Presiding Member
1. We heard Mr. Rahate, Proxy Adv. appearing for the applicant/appellant, perused the application under order and the copy of impugned judgment & order.
2. It is submitted by Mr. Rahate, Proxy Adv. appearing for the applicant/appellant that there was 76 days’ delay in filing the appeal but it was only on administrative ground and it was not with any mala fide intention to prolong the compliance of the impugned order. It is submitted that after receiving the copy of impugned judgment, applicant/appellant was required to send the same along with other documents to the Regional Office situated at Nagpur for obtaining approval. Further he has submitted that the case papers were also required to send to the Advocate on panel for obtaining legal opinion and thereafter, getting the legal opinion and approval, the applicant/appellant has filed the appeal. It is submitted that there is legal point involved in the appeal and therefore, it is just & necessary to condone the delay. Accordingly, it is submitted to condone the delay.
3. True it is that the applicant/appellant was required to obtain legal opinion and thereafter approval of its Regional Office for filing the appeal by sending the case papers; but, in our view there could be no reason for such inordinate delay in getting the approval. In our view, no such time is required for sending the case papers, when every conveyance facility is available now days. It is not the contention of the applicant/appellant that any advocate on panel whose opinion is to be obtained, was not available and further authorized person of the Reginal Office was not available for getting approval in time. Therefore, we find no just & reasonable ground to condone such inordinate delay. In our view, if such inordinate delay is condoned the very object of the legislature would be defeated. Hence, though any legal question is involved in the appeal, we are declined to condone the delay.
Hence, the following order:-
ORDER
i. Misc. Application for condonation of delay stands dismissed.
ii. Consequently, the appeal bearing No. A/09/862 is dismissed..
iii. No order as to cost.
Dated:- 07/03/2013.
