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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Dismissal of Delayed Appeal Restoration Motion due to Negligence</h1> The Bombay High Court dismissed a Notice of Motion seeking condonation of a 947-day delay in filing an application for restoration of an appeal dismissed ... Condonation of delay - dismissal for want of prosecution - absence of advocate - bona fides of explanation - departmental negligenceCondonation of delay - dismissal for want of prosecution - absence of advocate - bona fides of explanation - departmental negligence - Application for condonation of delay of 947 days in filing restoration of appeal dismissed. - HELD THAT: - The Court found that the appeal had been dismissed for want of prosecution after being notified on the computerized daily board and there was no error in the printing or notification procedure. The absence of the advocate on the hearing date therefore did not constitute a procedural defect attributable to the Court. The Department's nearly three-year delay in noticing the dismissal was held to be gross negligence, and the explanation for the long delay was characterised as routine and lacking in bona fides. On these grounds the Court declined to exercise its discretion to condone the delay and restore the appeal. The Court also recorded that the senior official in charge of legal affairs should take note and proceed against those responsible for the lapse. [Paras 2, 3]Motion for condonation of delay dismissed; direction to departmental senior legal officer to take action against those responsible for the negligence.Final Conclusion: The application for condonation of delay to restore the appeal was refused on the ground that there was no procedural lapse by the Court, the departmental delay was gross negligence lacking bona fides, and restoration could not be granted; the Court directed departmental action against those responsible. The Bombay High Court dismissed a Notice of Motion seeking condonation of a 947-day delay in filing an application for restoration of an appeal dismissed for want of prosecution. The Court found no procedural lapse and deemed the Department's delay in noticing the dismissal as gross negligence. The Motion was dismissed, and the Court directed the Senior Official in charge of legal matters to take action against those responsible for the situation.
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