Delay of 472 days in filing Cross objections - Pay Rs.25,000/- to PM ' s Relief Fund
THE applicant sought condonation of delay of 472 days in filing Cross Objections to the appeal filed by Revenue. The ground is that after receiving the notice from the CESTAT of appeal having been filed by the Revenue, the applicants were in the process of shifting their office to another place and had to change the consultant to file the Cross Objections. They place reliance on the decision in Collector, Land Acquisition, Anantnag vs Mst. Katiji 2002-TIOL-444-SC-LMT.
The AR opposes this application and submits that the inordinate delay cannot be condoned in view of the apex court decision in Office of the Chief Post Master General vs Living Media India Ltd. wherein the appeal filed by Revenue on similar grounds was dismissed; the case law cited by the applicant involves a delay of a short period.
The Bench observed -
"4. In the case of Living Media (supra) , the hon'ble apex court dismissed the application for condonation of delay on the ground that at each and every stage the departmental officers has not taken any step to proceed with the case therefore the conduct of the departmental officers are found not to be reasonable. In these circumstances the hon'ble apex court came to the conclusion that in the said case delay cannot be condoned. But the general principle as has laid down by the hon'ble apex court is that if the delay has been explained then the delay can be condoned. In this case, although the applicant has tried to explain the reasons for causing the delay which are not found to be satisfactory but in the interest of justice, we are condoning the delay in filing the Cross Objections subject to payment of cost of Rs.25,000/-to be deposited in the Hon'ble Prime Minister's Relief Fund.”
See
But can payment be ordered to PM's Relief Fund? - Please see DDT 2315