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M. R. PATHAK, MRIDUL KUMAR KALITA
Food Corporation of India – Appellant
Versus
Suresh Kumar Agrwal – Respondent
ORDER :
Mridul Kumar Kalita, J.
1. Heard Mr. P. K. Roy, learned Senior counsel assisted by Mr. S. K. Chakraborty, learned counsel, appearing for the applicants. Also heard Mr. C. Chowdhury, learned Senior counsel assisted by Ms. J. S. Das, learned counsel, appearing for the sole respondent.
2. This Interlocutory Application has been registered on filing of an application by the applicants, praying for condonation of delay of 341 days in preferring the connected writ appeal against the judgment and order dated 26.09.2019 passed by a learned Single Judge of this Court in WP(C) No. 4882/2019, which was filed by the writ petitioner Sri Suresh Kumar Agarwal (Respondent herein). The applicants of the instant Interlocutory Application were the respondents in said WP (C) No. 4882/2019.
3. The applicant No. 1, namely, the Food Corporation of India (hereinafter referred to as FCI) is the respondent No. 1 in the writ petition, which is an organization created under Food Corporation Act, 1964, having its Head Office at 16-20 Barakhamba Lane, New Delhi 110001 and run by Government of India as well as State Governments and functions under the Department of Food and Public Distribution, Ministry of C
The court emphasized that bureaucratic processes justify leniency in condoning delays in filing appeals, recognizing that good cause is a lesser standard than sufficient cause.
Contractor had not approached Grievance Redressal Committee and hence, Court, relegated contractor to invoke jurisdiction of Grievance Redressal Committee for ventilating its grievances.
The term 'Sufficient Cause' for condonation of delay should be construed liberally, and the delay in filing the first appeal should be condoned unless there are mala fides attributed to the appellant....
Adopting a different view in matter in facts and circumstances of case would not be permissible in eye of law.
Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.
The Court must balance the need for substantial justice against the necessity of adhering to procedural timelines, requiring satisfactory explanations for delays.
The main legal point established in the judgment is that parties must demonstrate sufficient cause for delay in filing an appeal, and lack of diligence and commitment in prosecuting rights cannot be ....
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