High Court overturns Tribunal's dismissal, grants appeal on delay petition, directs reconsideration.

The High Court set aside the Tribunal's dismissal of the delay petition in an appeal case. The appellant's delay of 185 days was explained satisfactorily in the condonation of delay application. The High Court found that the Tribunal erred in not considering the appellant's request for adjournment, leading to the dismissal of the delay petition. Consequently, the High Court granted the appeal, directing the Tribunal to consider the appeal on its merits and afford both parties an opportunity to be heard.

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Issues:
Delay in filing appeal, Condonation of delay, Tribunal's decision on delay petition

Delay in filing appeal:
The appellant filed an appeal along with an application for condonation of delay, citing a delay of 185 days. The Tribunal dismissed the delay petition, stating that the delay was not satisfactorily explained. The appellant had requested an adjournment, which was not considered by the Tribunal. The High Court held that in the absence of a finding that the request for adjournment was not made for bona fide reasons, the Tribunal was not justified in rejecting the request and proceeding with the hearing. Consequently, the High Court set aside the order dismissing the delay petition.

Condonation of delay:
The High Court examined the affidavit filed by the appellant requesting condonation of delay and found that the delay had been satisfactorily explained. Therefore, the High Court held that the delay in filing the appeal would stand condoned.

Tribunal's decision on delay petition:
The High Court directed that upon receipt of the judgment, the Tribunal should consider the appeal on its merits and dispose of it in accordance with the law after affording both parties an opportunity to be heard. The High Court allowed the appeal, setting aside the Tribunal's decision on the delay petition.

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