Liberal condonation of delay applies when service is later and the appeal follows promptly, absent deliberate default.

A liberal approach applies to condonation of delay where the delay is not substantial and there is no material showing deliberate default. Service of the decision and award on the petitioners was the relevant date for assessing delay, and the appeal filed soon after such service supported condonation. On those facts, the finding of lack of bona fides could not be sustained, and refusal to condone the delay was set aside.

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Issues: Whether the delay in filing the appeal against the award of the Registrar's Nominee was liable to be condoned, and whether service of the decision under Section 82(2) of the Goa Co-operative Societies Act, 2001 justified rejection of the request for condonation.

Analysis: The Court applied the settled principle that applications for condonation of delay are to be considered with a liberal approach, particularly where the delay is not substantial and there is no material to show intentional or deliberate delay. The record showed that the proceedings were closed for judgment without a fixed date for pronouncement, and that notice along with the award was served on the petitioners only on 03.03.2014. The appeal was then filed on 02.04.2014, indicating prompt action after service. In these circumstances, the finding of lack of bona fides recorded by the Tribunal could not be sustained.

Conclusion: The delay in filing the appeal was required to be condoned, and the impugned order refusing condonation was set aside in favour of the petitioners.

Ratio Decidendi: In matters of condonation of delay, a liberal approach is warranted where the delay is explained by the date of service of the decision and the appeal is filed promptly thereafter, unless deliberate delay or absence of bona fides is established.

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