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Court condones 29-day appeal delay for railway, orders deposit to avoid dismissal. The delay of 29 days in preferring an appeal was condoned by the court due to the circumstances involving the legal department and panel counsel of the ...
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Court condones 29-day appeal delay for railway, orders deposit to avoid dismissal.
The delay of 29 days in preferring an appeal was condoned by the court due to the circumstances involving the legal department and panel counsel of the Northern Railway. Despite no wholly satisfactory cause for the delay, the judge considered potential harm to the public body if the appeal was rejected solely for the delay. The court ordered the appellant to deposit Rs.1000/- within three weeks, failing which would lead to dismissal of the condonation of delay application and the appeal itself. The appellant's counsel acknowledged the order, and a future hearing was scheduled for compliance verification.
Issues: Condonation of delay in preferring appeal
Analysis: The judgment addresses the issue of condonation of a delay of 29 days in preferring an appeal. The appellant sought relief, explaining the cause for the delay. It was clarified that the delay occurred due to the matter being referred to the legal department and then assigned to a panel counsel of the Northern Railway for drafting the appeal. Despite repeated requests, the counsel did not draft the appeal, leading to a considerable delay. The Railway administration eventually withdrew the matter from the previous counsel and entrusted it to the present counsel for drafting. The judge emphasized that the question was not about the negligence of the present counsel but rather about the diligence of the Northern Railway. The judge acknowledged that no wholly satisfactory cause was shown for the delay but considered the potential unwarranted injury to a public body if the appeal was rejected solely for the delay. Consequently, the delay was condoned on the condition that the appellant deposits Rs.1000/- towards costs to the credit of Revenue within three weeks. Failure to comply would result in the dismissal of the COD application and the appeal itself. The counsel for the appellant was present during the proceedings and noted the order, which served as sufficient intimation of the obligations under the order. The COD application was disposed of accordingly, with a future hearing scheduled for the stay application and compliance verification.
This detailed analysis provides insight into the circumstances leading to the delay in preferring the appeal, the considerations made by the judge in condoning the delay, and the conditions imposed for the same. The judgment highlights the importance of diligence on the part of the appellant and the consequences of non-compliance with the specified conditions.
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