Appellant's Delay Condonation Request Denied, Cost Imposed on Respondent for Delay. The Tribunal denied further adjournment to the appellant seeking Condonation of Delay (COD) due to counsel's illness. Despite inadequate reasons for the ...
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Appellant's Delay Condonation Request Denied, Cost Imposed on Respondent for Delay.
The Tribunal denied further adjournment to the appellant seeking Condonation of Delay (COD) due to counsel's illness. Despite inadequate reasons for the 498-day delay in filing the appeal, the Tribunal allowed the appellant to contest on merits but imposed a Rs.25,000 cost to the respondent/Department for condoning the delay. Compliance was required within four weeks for the COD application to be approved.
Issues: Application for Condonation of Delay (COD) filed by the appellant.
Analysis: 1. The appellant filed an application seeking adjournment due to their counsel's illness, despite multiple adjournments in the past. The Tribunal declined further adjournment, emphasizing that written submissions could have been filed if the counsel was ill. The Tribunal proceeded to decide on the application for COD after hearing the Department and reviewing the records. The delay sought to be condoned was 498 days.
2. The appellant explained the reasons for the delay in filing the appeal, citing issues such as not being informed about the impugned order, delays in transferring papers to Kolkata, misplacement of papers in transit, and subsequent filing of the appeal on 26/01/2015. The appellant attributed the 498-day delay to these reasons.
3. The Tribunal, after reviewing the grounds presented by the appellant, found the reasons insufficient to condone the significant delay. It was noted that the appellant did not demonstrate sufficient effort or diligence in filing the appeal on time. The appellant failed to provide specific dates related to the handling of the appeal papers, tracing of misplaced papers, and handover to the consultant. Despite the shortcomings, the Tribunal, in the interest of justice, decided to allow the appellant a chance to contest the appeal on merits.
4. Considering the substantial delay and lack of serious effort on the appellant's part to file the appeal within the stipulated time, the Tribunal imposed a condition for condoning the delay. The appellant was directed to pay a cost of Rs.25,000 to the respondent/Department within four weeks. The application for COD would be allowed upon payment of the specified cost, with compliance scheduled for a later date.
This comprehensive analysis covers the issues related to the application for Condonation of Delay (COD) filed by the appellant and the Tribunal's decision in response to the reasons provided for the delay in filing the appeal.
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