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POONAM V. MAHARSHI, SATISH A. MUNDE
Krishna Milan Shukla – Appellant
Versus
Tanaji Haribhau Mahabare – Respondent
ORDER
Dr. Satish A. Munde, Presiding Member.—The Applicant/Appellant has filed an application for condonation of delay of 153 days (MA/23/181) in filing the Appeal No. 331/2023 arisen out of Orders dated 20/06/2019 and 20/10/2022 passed in Execution Application No. 17/2011 in judgment and order dated 12/01/2011 in CC No. 153/2009 by Additional District Commission, Thane at Belapur, wherein the Hon’ble District Commission issued Non-Bailable Warrant against Applicant / Appellant.
2. Heard advocates for Applicant/Appellant and Respondent No.1./ Complainant.
3. The Applicant/Appellant stated that the Applicant/Appellant has challenged the Impugned Order dated 20/06/2019 by way of filing the Criminal Application No. 1509 / 2019 before the Hon’ble High Court, Bombay on 19/10/2019. The certified copy of said Order dated 20/06/2019 was received on 26/08/2019 and accordingly within limitation period of 90 days filed above numbered Criminal Application before Hon’ble High Court, Bombay as suggested by the Advocate on record there. The said Criminal Application was listed before the Hon’ble High Court, Bombay from time to time.
4. The Applicant/Appellant stated that meanwhile the whole Count
(1) Appeal – Condoning delay without sufficient cause and proper justification would violate statutory provisions and show disregard for legislative intent.(2) Regardless of merit of a case, limitati....
Sufficient Cause – ‘Sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he wa....
The court affirmed that personal circumstances cannot justify excessive delays beyond statutory limitation under the Administrative Tribunals Act.
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
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