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IN THE HIGH COURT OF MADHYA PRADESH
Ravi Malimath, CJ, and Vishal Mishra, J.
Rampal & Others v. Deendayal & Others
Writ Appeal No. 1118 of 2022 (Jabalpur): against the order
dated 5.4.2022 passed in Miscellaneous Petition No. 211/2019;
Decided on 6.4.2023
Limitation Act, 1963 -- S. 5 -- condonation of delay -- appeal preferred by writ petitioners without application for condoning delay dismissed by Commissioner -- writ Court permitted writ petitioners to file application for condonation of delay with payment of cost to respondents -- impugned -- held -- appellants have opportunity to oppose condonation of delay -- substantial justice done by ordering payment of cost to appellants -- no good ground to entertain appeal. [Paras 3 & 4
ifjlhek vf/kfu;e] 1963 &&/kkjk 5 && foyac dh ekQh && fjV ;kphx.k }kjk foyac ekQ fd, tkus ds fy, vkosnu ds fcuk izLrqr vk;qDr }kjk [kkfjt && fjV U;k;ky; us fjV ;kphx.k dks] izR;FkhZx.k dks ifjO;; lanÙk djus ij] foyac dh ekQh ds fy, vkosnu izLrqr djus dh vuqKk nh && vk{ksfir && vfHkfuèkkZfjr && vihykFkhZx.k dks foyac dh ekQh dk fojks/k djus dk volj gksxk && vihykFkhZx.k dks ifjO;; lanÙk djus dk vkns'k dj lkjoku U;k; fd;k x;k && vihy xzg.k djus ds fy, dksbZ Bksl vk/kkj ughaA ¼iSjk 3 ,oa 4
ORDER
1. For the reasons assigned, I.A.No.12130 of 2022 - an application for condonation of delay in filing the appeal is allowed. The delay is hereby condoned.
2. This appeal is filed being aggrieved by the order dated 5.4.2022 passed by the learned Single Judge in Misc. Petition No.211 of 2019. In terms whereof, the writ petition was entertained on the ground that the authority i.e. the Upper Commissioner, Shahdol has rejected the appeal filed by the writ petitioners therein on the ground of delay.
3. That the appeal preferred by the writ petitioners was dismissed by the Commissioner on the ground that the appeal was barred by the limitation. No application was filed by the writ petitioners for condoning the delay. Therefore, the appeal was dismissed. Keeping in mind the facts and circumstances involved, the learned Single Judge directed that the writ petitioners be permitted to file an application for condonation of delay and the same may be considered by the appellate authority. However, the same was allowed on payment of cost of Rs.14,000/- to the respondents. Questioning the same, the instant appeal is filed.
4. On hearing learned counsels, we do not find any substance in the appeal. The order passed by the learned Single Judge is to permit the writ petitioners to file an application seeking condonation of delay. The appellants herein have very well an opportunity to oppose the condonation of delay. Not with standing the same, in order to do equity in the matter, the learned Single Judge has also ordered payment of Rs.14,000/- to the appellants herein and substantial justice has been done. We do not find any good ground to entertain this appeal.
5. The writ appeal is accordingly dismissed.
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.
Delay in filing appeals must be substantiated with valid reasons, balancing interests of both parties is crucial.
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.
The court emphasized the accountability of State-Authorities for inaction and held that the impersonal machinery of the government cannot be used as a ground for condonation of delay.
An inordinate delay in filing an appeal cannot be condoned as a matter of right without providing sufficient and satisfactory justification or cause for the delay.
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