1996 (7) TMI 356

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..../s. General Mfg. & Trading Corpn. A Notice for today's hearing had been sent to all the respondents. M/s. Sun Glow Inds. are represented by Shri M.B. Deodhar, Consultant and M/s. General Mfg. & Trading Corpn. are represented by Shri Vipin Jain, C.A. There is no response from the two respondents M/s. Akry Rasayan and M/s. Sunrise. As in all the four Misc. applications, similar delay of 33 days is involved and the same ground had been adduced by the Revenue. 2. For M/s. General Mfg. & Trading Corpn. Shri Vipin Jain [submitted] that the appeal should have been normally filed within the period of three months and there are no adequate grounds for condoning the delay of 33 days in filing the appeal by the Revenue. On behalf of M/s. Gener....

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....be made and the decision has to be taken for advancing the cause of justice. In the case of B. Singh and Others v. Major Daljitp Singh - 1987 (32) E.L.T. 258 (S.C.) the Supreme Court had observed that the Court should not take too strict pedantic stand which will cause injustice while considering application for condonation of delay. Such application should be considered from the point of view which will advance the cause of justice. The case of G. Ramegowda, Major & Others v. Spl. Land Acquisition Officer, Bangalore (1988) 2 SCC 142. Cited in Para 9 of the decision in the case of State of Haryana v. Chandra Mani & Others - 1996 (64) ECR 15 (S.C.) the Supreme Court in Para 9 of that decision had held as under :- " It was held that no gen....

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....t go into the judicial verdict, these factors which are peculiar to and characteristic of the functioning of the Government. Government decisions are proverbially slow encumbered, as they are, by a considerable degree of procedural red tape in the process of their making. A certain amount of latitute is, therefore, not impermissible. It is rightly said that those who bear responsibility of Government must have `a little play at the joints'. Due recognition of these limitations on Government functioning of course, within reasonable limits - is necessary if the judicial approach is not to be rendered unrealistic. It would perhaps be unfair and unrealistic to put Government and private parties on the same footing in all respects in such matter....