Order no. 21 dt. 26-09-2014

Record is put up today for passing order in respect of the Appellants’ petition for condonation of delay.

It has been the contention of the Appellants in such petition inter alia that after obtaining certified copy of the impugned order on 23-08-2012, it was submitted to the dealing office of the Appellants on 30-08-2012, who, after compiling the necessary papers, held conference with the dealing Advocate on 07-09-2012 and it was decided to prefer an appeal.  So, on 19-09-2012, the impugned order, along with entire case record, was forwarded by the Kolkata Office to the Mumbai Head Office, along with an extensive note.  But, due to rearrangement and inadvertence, the case file was shifted into the godown along with other discarded furniture from the filing cabinet where it was kept for safe custody, and as a result, the file/record got lost and subsequently, the same was retrieved on 29-11-2012.  Thereafter, on 06-12-2012, the Mumbai Head Office, after perusing the documents of the file, referred it for study and opinion of a senior Advocate, who held conference with the Appellant company on 14-12-2012 and approved filing of appeal.  Thereafter, on 20-12-2012, the Mumbai Head Office forwarded such recommendation to the Kolkata office, who, in turn, on 24-12-2012, suggested the name of Mr. N. R. Mukherjee, Ld. Advocate for the purpose of the appeal to the Mumbai Head Office.  Thereafter, the Memo of Appeal, along with petition for condonation of delay, was referred to the Mumbai Head Office on 01-03-2013 for perusal and approval, which ultimately got approved on 23-03-2013.  Finally, the appeal was filed on 02-04-2013, for which belatedness, the prayer for condonation by this petition.

Facts stated in the instant petition are not supported by any kind of cogent document, to say the least.  Mere callousness and carefulness cannot be counted as a reasonable cause of delay.  At every stage, there has been delay.  There is lack of vigilance and diligence in the matter, which cannot be condoned unnecessarily in favour of the Appellants.  There is a huge delay of 189 days beyond the statutory period of 30 days. 

Accordingly, the petition for condonation of delay is rejected.  Consequently, the appeal is also dismissed being barred by limitation.