ORDER

It is seen from the record that the Appeal was filed on 29.05.2023. Thereafter, the Registry observed certain defects and notified the same to the appellant. On 19.06.2023, the matter was listed before Assistant Registrar and the appellant was granted seven weeks’ time to cure defects. Thereafter, on 18.08.2023, as the defects were not cured, again five weeks’ more time was given to the appellant to cure the defects. On 18.10.2023, the defects still were not cured and the appellant was again granted four weeks’ time to cure the defects. On 08.12.2023, the appellant again sought and was allowed four weeks’ time to cure the defects and the matter was listed before the Bench for admission hearing on 11.01.2024. On 11.01.2024, appellant was directed to appear before the Registrar on 02.02.2024 for removal of defects. On 02.02.2024, the appellant sought and was granted five weeks’ time to cure defects and the matter was again listed before Bench on 20.03.2024. On 20.03.2024, the counsel for appellant undertook to file a better affidavit for explaining the delay and was granted four weeks’ time. On 06.09.2024, as prayed, fifteen days further time was allowed to the counsel for the appellant for filing the affidavit as directed by the Order dated 20.03.2024. However, no such affidavit has been filed by the appellant till date.

2. As per the record of the Registry, there is a delay of 684 days in filing this First Appeal. Accordingly, IA No. 4062 of 2024 has been filed on behalf of the Appellant seeking Condonation of delay. In the said IA, it is stated that the complaint was handled and managed by the previous counsel engaged by the Appellant/Applicant before State Commission. Post passing of the order by the learned State Commission, the Appellant being a domicile of Rajkot, Gujarat faced numerous hardships in finding a lawyer in Delhi. He contacted the present law firm to file a First Appeal against the order of the State Commission on the grounds as mentioned in First Appeal. Post receiving the complete paper-book and after having a preliminary discussion on the facts of the case, the counsel advised the Appellant/Applicant to recapitulate the necessary facts including perusal of relevant files and orders. The counsel further advised them to note down all points and share the same on urgent basis. On receiving the Documents, and on perusal of Draft Application, the Appellant suggested certain changes to be worked upon. Post the draft being finalized, and post the signatures and attestation of the Application/, the clerk of the counsel prepared the complete documents and sets to be filed in this Commission and was filed on 29.05.2023. The delay in filing the Appeal was neither intentional nor deliberate but for the above said reasons.

3. The present First Appeal is against the order of State Commission dated 4.3.2021. The limitation for filing an FA before this Commission is 30 days. However, this period of limitation would commence from the date of receipt of the Impugned Order by the Appellant i.e. 14.6.2021 while the limitation lapsed on 13.7.2021. However, the present First Appeal was filed on 29.5.2023. Therefore, there is a delay of 684 days (14.7.2021 to 28.5.2023) in filing of the present First Appeal.

4. Hon’ble Supreme Court in “Ram Lal and Ors. vs. Rewa Coalfields Limited, AIR 1962 Supreme Court 361”, has observed as under:

“It is, however, necessary to emphasize that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a discretionary jurisdiction vested in the Court by S. 5. If sufficient cause is not proved nothing further has to be done; the application for condonation has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevan