Case Law Details
It is well settled that the Legislature has conferred power to condone the delay to enable the Courts and Tribunals to do substantial justice to parties by disposing of matters on merits. Similarly, if the delay is not inordinate and unexplained when is condoned the maximum that can happen is that a cause would be decided on merits after hearing parties. At the same time the guiding principle for a Court to exercise discretion while condoning delay should normally be as to whether the appellant acted with reasonable diligence in prosecuting the proceedings. The Tribunal and Court cannot ignore that refusal to condone the delay if results in grave miscarriage of justice, Court would be justified in such situation to condone the delay. It is well settled that when the substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. At the same time if the delay is inordinate, unreasonable and totally unexplained Court is entitled to pass an appropriate order in the facts and circumstances of such case, since, condoning the delay is not empty formality. However judicial discretion needs to be exercised based upon principles which will advance concept of substantial justice when no negligence nor inaction nor want of bonafide is imputed to the appellant. In the instant case the petitioner has raised the substantial issue that the High Court had no jurisdiction to issue direction to the Receiver, High Court, Bombay after 16th July, 1999 since all suits and proceedings stood transferred to DRT with effect therefrom and therefore directions issued by the High Court to the Receiver, High Court, Bombay were without jurisdiction and nullity. The issue raised strikes at the very authority of the Court and therefore the impugned order passed by the Tribunal dismissing the application for condonation of delay without deciding a vital issue in the facts and circumstances of the present case, in our view, undoubtedly has resulted in miscarriage of justice and therefore the impugned order 22.2.2012 passed by the DRT is liable to be quashed and set aside.
HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3652 OF 2012
Manilal Govindji Khona
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