IMPORTANT POINT
The law of limitation must be strictly adhered to, and the burden lies on the party seeking condonation of delay to demonstrate sufficient cause, which must not be based on negligence or lack of bona fides.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant intra-court appeals are under Clause-10 of Letters Patent directed against the order/judgment dated 12.12.2022 passed by the learned Single Judge of this Court in W.P.(C) No. 5804 of 2022, whereby and whereunder, the writ petition was allowed setting aside order dated 21.10.2022 passed by the MSEFC, Jharkhand in Case No. JHMSEFC-32/2021.

I.A. No. 1540 of 2024 in LPA No. 475 of 2023:

2. The instant appeal is barred by inordinate delay of 385 days, therefore, an application for condoning the aforesaid delay has been filed being I.A. No. 1540 of 2024.

3. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 385 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.

I.A. No. 4136 of 2023 in LPA No. 173 of 2023:

4. The instant appeal is barred by inordinate delay of 504 days, therefore, an application for condoning the aforesaid delay has been filed being I.A. No. 4136 of 2023.

5. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 504 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.

Grounds taken in I.A. No. 1540 of 2024 in LPA No. 475 of 2023

6. The ground for condonation of delay has been taken, as per the pleading made in the instant interlocutory application that the appellant is one of the directors of start-up company and entire capital of the company has been grabbed by respondent no. 3 and 4 and due to lack of money, the present Letters Patent Appeal could not be filed within stipulated time. However, after arranging necessary money the appellant came to Ranchi on 27.08.2023 and thereafter contacted the counsel and filed the present appeal however after delay of 385 days.

7. It has further been submitted that if the delay is not condoned the appellant shall suffer great loss and injury.

Grounds taken in I.A. No. 4136 of 2023 in LPA No. 173 of 2023

The ground for condonation of delay has been taken, as per the pleading made in the instant interlocutory application that after passing of impugned order dated 12.12.2022 in W.P. (C) No. 5804 of 2022, the file was placed by the concerned Department before the Law Department for taking opinion of learned Advocate General for filing appeal (LPA) against the impugned order giving the proposal that either order of writ Court maybe complied with or intra-court appeal may be filed. After getting opinion of learned Advocate General the file moved from one table to another and lastly appeal was filed which caused delay of 504 days.

It has been submitted that delay in filing the appeal is neither intentional nor deliberate but due to various reasons beyond the control of the appellants and if the delay is not condoned the appellant will suffer irreparable loss and injury.

8. We have heard the learned counsel for the appellant on delay condonation applications and before considering the same, this Court, deems it fit and proper to refer certain legal proposition, as has been propounded by the Hon’ble Apex Court with respect to the approach of the Court in condoning the inordinate delay.

9. There is no dispute about the fact that generally the lis is not to be rejected on the technical ground of limitation but certainly if the filing of appeal suffers from inordinate delay, then the duty of the Court to consider the application to condone the delay before entering into the merit of the lis.

10. It requires to refer herein that the Law of limitation is enshrined in the legal maxim interest reipublicae ut sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties, rather the idea is that every legal