Condonation of delay must be judged from expiry of limitation, with bona fide sufficient cause assessed on the correct legal basis.

In condonation of delay applications, the relevant period to be explained runs from the expiry of limitation, and the explanation must be assessed on bona fide sufficient cause rather than a mechanical insistence on a date-wise account from receipt of the order. The Calcutta High Court found the Tribunal applied the wrong starting point and thereby vitiated its conclusion that no satisfactory cause was shown. The rejection of condonation was set aside, and the delay application was remanded for reconsideration on the correct legal basis, including the appellant's stated difficulty in acting timely because of the alleged usurpation of office.

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Issues: Whether the rejection of the application for condonation of delay was legally sustainable in view of the period for which the delay had to be explained and the reasons furnished by the appellant.

Analysis: The relevant period for explaining delay begins from the expiry of limitation, not from the date of receipt of the order. The explanation offered by the appellant had to be judged on the touchstone of bona fides and sufficiency of cause, and not by a mechanical date-wise insistence. Since the Tribunal proceeded on an erroneous understanding of the period that required explanation, its conclusion on the absence of satisfactory cause was vitiated. The matter required reconsideration on the correct legal basis, including the effect of the alleged usurpation of the office and resultant difficulty in taking timely steps.

Conclusion: The order rejecting condonation of delay was set aside and the application was directed to be reconsidered afresh.

Final Conclusion: The appellant obtained relief on the question of condonation, but the matter was sent back for fresh decision on merits of the delay application.

Ratio Decidendi: In an application for condonation of delay, the explanation must cover the period after the limitation expires and must be assessed on bona fide sufficient cause, not by requiring an explanation for the entire period from receipt of the order.

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