2014 (8) TMI 54

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....sst. General Manager has come from Bank. It is averred in the affidavit that the order-in-appeal was served on the appellant bank on 31-3-2011 and as per bank's decision that order was given to one Chartered Accountant Shri K.C. Mundra of Sumerpur of Pali on 31-3-2011 itself. When the consultant showed his difficulty in dealing with the matter in Tribunal, the bank took back its files from him during 3-9-2012 to 8-9-2012 and handed over the same to its advocate on 15-10-2012. 2. It was averred in Para 3 of the affidavit that the record being bulky scrutiny thereof was made, obtaining the same from above consultant and found that the order-in-appeal was not appealed before Tribunal. Before delivery to the Advocate no reason was state....

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....be swirled for the benefit of a few. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay." 3. Limitation has prescribed life span to legal remedy and also to save time of Judicial forums without the precious time of courts wasted trying a time-barred remedy lost by afflux of time. Such remedy may lead to unending uncertainty and consequential anarchy. Law of limitation is thus founded on public policy which is enshrined in the maxim interest rei....