Condonation of delay on a conditional deposit where illness and business difficulties were accepted only partly.

Delay in filing the appeal was condoned where the appellant cited business difficulties and ill-health, supported by a medical certificate referring to hypertension and cardiac problems, but the explanation was not fully persuasive. The court nevertheless held that the refusal to condone could not be sustained and imposed a condition of deposit to the Chief Justice Relief Fund as a precondition for condonation. On compliance with that condition, the delay stood condoned and the appeal was permitted to proceed.

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Issues: Whether the delay of 213 days in filing the appeal before the Tribunal ought to have been condoned.

Analysis: The appellant sought condonation on the ground of business problems and ill-health, supported by a medical certificate showing hypertension and cardiac problems for about seven months. The Tribunal had rejected the request, but the Court found that the order could not be sustained in the circumstances. At the same time, the medical certificate was not fully convincing, so the Court imposed a condition by directing deposit of Rs. 5,000/- to the Chief Justice Relief Fund, Madras High Court, as a condition for condonation.

Conclusion: The delay was directed to be condoned on compliance with the condition imposed, and the appeal was allowed.

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