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HARSIMRAN SINGH SETHI
Naresh – Appellant
Versus
Amita Dabas – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) - In the present revision petition, the challenge is to order dated 02.08.2019 (Annexure P/3) by which, application seeking condonation of delay in filing the appeal has been allowed and the appeal was considered on merits and interim order was granted.
2. Learned counsel for the petitioner argues that once it is a conceded position that the appeal preferred by the respondent was time barred, the said delay could not have been condoned without issuance of notice and without seeking objection from the petitioner to the said prayer hence, order dated 02.08.2019 (Annexure P-3) is liable to be set aside.
3. Learned counsel for the respondent submits that the impugned order was passed in the presence of both the parties after hearing the respective counsel for the parties hence, the impugned order dated 02.08.2019 (Annexure P/3) may kindly be upheld.
I have heard learned counsel for the parties and have gone through the record with their able assistance.
4. Once, there is an application seeking condonation of delay, the notice of the same has to be issued with opportunity to the other side so as to allow the respondent to raise appropriate objections
Due opportunity must be given to the petitioner to raise objections to the condonation of delay in filing the appeal.
Court condoned condonable delay in GST appeal despite missing application, quashing rejection and restoring for merits.
Court can condone delay in GST appeal filing within limits despite no application, prioritizing merits over procedure.
Unexplained inordinate delay cannot be condoned without sufficient cause, even with liberal approach.
The court holds that a delay in filing an appeal may only be condoned if sufficient cause is shown, emphasizing the necessity of bona fide reasons.
An appeal that is time-barred cannot be entertained without a proper application for condonation of delay, and such a defect is curable if addressed promptly.
The word 'sufficient cause' in Section 5 of the Limitation Act should be construed liberally to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bonafide....
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