Condonation of Delay denied where 11-year filing delay lacked bona fide explanation and showed negligence.

Condonation of delay requires a bona fide and sufficient explanation; an inordinate delay caused by negligence or an unacceptable, unsupported account cannot be excused. Here, the appellant knew of the adjudication proceedings, had been represented before the adjudicating authority, and failed to give a cogent explanation for filing the appeal after more than 11 years. The Tribunal therefore refused to condone the delay and rejected the appeal.

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Issues: Whether an inordinate delay of more than 11 years in filing the appeal against the adjudication order deserved condonation on the ground of sufficient cause.

Analysis: The application for condonation was examined against the settled principles governing delay. The explanation offered for non-filing within time was found to be unacceptable and lacking in bona fides. The record showed that the appellant had knowledge of the adjudication proceedings, had been represented before the adjudicating authority, and had failed to provide a cogent explanation for the prolonged delay. Applying the principle that liberal approach in delay matters does not extend to cases of negligence or concocted explanations, the Tribunal held that such an extraordinary delay could not be excused.

Conclusion: The delay was not condoned and the appeal was rejected.

Ratio Decidendi: Condonation of delay is available only when the explanation is bona fide and sufficient; an inordinate delay attributable to negligence or an unacceptable explanation cannot be condoned.

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