Medical evidence can justify condonation of short delay, while a strong prima facie case supports unconditional stay of penalty recovery.

A short delay in filing an appeal may be condoned when sickness is satisfactorily explained and supported by medical evidence; the 20-day delay was condoned on that basis. Interim protection against recovery of a personal penalty may also be granted where the appellant shows a strong prima facie case; the stay petition was allowed unconditionally and recovery of the penalty was stayed pending appeal.

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Issues: (i) Whether the delay of 20 days in filing the appeal deserved condonation on account of the appellant's illness supported by a medical certificate; (ii) whether recovery of the personal penalty deserved to be stayed pending appeal.

Issue (i): Whether the delay of 20 days in filing the appeal deserved condonation on account of the appellant's illness supported by a medical certificate.

Analysis: The delay was explained by sickness of the appellant, and a medical certificate was produced in support of that plea.

Conclusion: The delay of 20 days was condoned.

Issue (ii): Whether recovery of the personal penalty deserved to be stayed pending appeal.

Analysis: On the material available, the appellant was found to have a strong prima facie case for interim protection.

Conclusion: The stay petition was allowed unconditionally and recovery of the penalty was stayed.

Final Conclusion: The appellant obtained interim relief by securing condonation of delay and an unconditional stay against recovery of the penalty.

Ratio Decidendi: A satisfactorily explained short delay supported by medical evidence may be condoned, and interim stay may be granted where the appellant establishes a strong prima facie case.

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