Delay condonation and inadequate affidavit accepted for fresh consideration after additional affidavit filing

An appeal was dismissed solely because the affidavit supporting the delay condonation application was considered inadequate. The court accepted that an additional affidavit was available and that practical difficulty in uploading it during the video-conference hearing explained its non-filing. As no prejudice would be caused to the respondent, the impugned order was set aside and the delay condonation request was remitted to the Tribunal for fresh consideration. The substantive questions were not decided on merits.

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Issues: Whether the order dismissing the appeal for want of a better affidavit in support of the delay condonation application should be set aside and the delay condonation request reconsidered by the Tribunal.

Analysis: The appeal arose from the Tribunal's refusal to entertain the appeal solely because the affidavit supporting the delay condonation application was considered inadequate. The Court noted the submission that the additional affidavit was ready and that its non-filing was occasioned by practical difficulty in uploading it during video-conference hearing. Finding that no prejudice would be caused to the respondent if the delay application were reconsidered, the Court directed filing of an additional affidavit and fresh consideration by the Tribunal.

Conclusion: The impugned order was set aside and the delay condonation application was remitted to the Tribunal for fresh consideration.

Final Conclusion: The appeal was disposed of by reopening the delay condonation question before the Tribunal, without adjudicating the questions of law on merits.

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