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RAVI MALIMATH, VISHAL MISHRA
Rampal – Appellant
Versus
Deendayal – Respondent
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
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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