Condonation of long delay granted where service of notices and orders was not reliably proved

Delay of more than seven years in filing the appeals was condoned because the ex parte adjudication orders were not shown to have been duly served on the appellants. Service of the show cause notices was said to have been effected by affixation, but there was no reliable proof of proper service of either the notices or the adjudication orders. The appellants stated that they obtained copies only later and filed the appeals promptly thereafter, and their delay applications were supported by uncontroverted affidavits. The explanation was accepted as sufficient and convincing, so the appeals were entertained despite the long delay.

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Issues: Whether the delay of more than seven years in filing the appeals should be condoned.

Analysis: The appeals arose from ex parte adjudication orders. The record indicated service of the show cause notices by affixation, while no reliable proof was shown of due service of the notices or the adjudication orders on the appellants. The appellants explained that they obtained copies only later and filed the appeals promptly thereafter. The delay applications were supported by uncontroverted affidavits, and the explanation was found to be sufficient and convincing.

Conclusion: The delay in filing the appeals was condoned in favour of the appellants.

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