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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Jharkhand Urja Vikas Nigam Limited – Appellant
Versus
Kumar Akshay Nirala, S/o. Doman Baitha – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 23.06.2022 passed by learned Single Judge of this Court in W.P. (L) No. 119 of 2019 by which the writ petition has been dismissed.
I.A. No. 1109 of 2024:
2. The instant appeal is admittedly barred by limitation since as per the office note dated 08.12.2023, there is delay of 377 days in preferring the appeal, therefore, an application being I.A. No. 1109 of 2024 has been filed for condoning such delay.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 377 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.
4. Learned counsel for the applicant-appellant has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.
5. The grounds for condoning the delay in preferring the appeal, as has been mentioned in the interlocutory application is
The court emphasized that applications for condonation of delay must demonstrate sufficient cause, with negligence and lack of bona fides leading to dismissal.
The law of limitation is to be strictly enforced, and parties, including the government, must provide sufficient cause for any delay in filing appeals; negligence or lack of bona fides will not justi....
The law of limitation must be applied strictly, and delay in filing appeals can only be condoned on sufficient cause, which was not established in this case.
The court emphasized that procedural delays and lack of bona fides do not justify condoning significant delays in filing appeals, reinforcing the importance of adhering to limitation laws.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
The court emphasized that delay in filing appeals must be condoned only when sufficient cause is shown, with strict adherence to the law of limitation.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
The principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides.
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