Union Of India And Anr vs Prakash Express Cargo And Anr
2021 Latest Caselaw 6060 Bom

Priya Soparkar                           1        27 ia 1908-19 in appl 577-19-os

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               ORDINARY ORIGINAL CIVIL JURISDICTION

                 INTERIM APPLICATION NO. 1908 OF 2019
                                  IN
                      APPEAL (L) NO.577 OF 2019


Union of India,
Through Chief Commercial Manager
and anr.                                          ... Applicants/Appellants
      Vs.
M/s Prakash Express Cargo and anr.                ... Respondents

                                                ----
Mr.Chetan Chandulal Agrawal,                 Advocate
                                          for the Applicants/
Appellants.
Mr.Rajesh Omprakash Gupta, Advocate for Respondent No.1.
                                 ----

                          CORAM : R.D.DHANUKA &
                                   V.G.BISHT, JJ.

DATE : APRIL 05, 2021.

P.C. :

1. By this notice of motion applicants seeks condonation of

delay of 61 days in filing appeal.

2. The impugned order was passed on 11th September, 2019.

Admittedly, no application for certified copy was made by the

applicants. The appeal was lodged on 11th December, 2019.

3. In paragraph Nos.3 to 6 of the affidavit in support it is

alleged by the applicants that the matter was discussed with the

internal department of the applicants. There was difference of

opinion of internal departments, other senior officers and panel

Priya Soparkar 2 27 ia 1908-19 in appl 577-19-os

advocates. The matter was discussed with the internal

departmental head.

4. For getting the legal opinion matter was again discussed

with the legal department for filing the appeal, proposal was

submitted to the higher authorities. The time was taken to

discuss at the administrative level. Thereafter, the final order

was conveyed to the Panel Advocate for drafting and filing the

appeal. The matter was allotted to the Panel Advocate. After

obtaining final approval present appeal was filed.

5. The Hon'ble Supreme Court in a recent judgment delivered

on 19th March, 2021 in case of Government of Maharashtra Vs.

M/s Borse Brothers Engineers and Contractors Private

Limited in Civil Appeal No.995 of 2021 has held that

condonation in filing appeal is by way of exception and not by

way of rule. In a fit case in which a party has otherwise acted

bonafide and not in a negligent manner, a short delay beyond the

period prescribed for filing an appeal in the discretion of the court

can be condoned. The order of the Hon'ble Supreme Court

considered the similar explanation given by the State of

Maharashtra in the matter before the Hon'ble Supreme Court for

seeking condonation of delay. It is held that there was no

explanation worth contained in the delay application. The said

Priya Soparkar 3 27 ia 1908-19 in appl 577-19-os

judgment applies to the facts of this case.

6. In our view the entire gross delay according to the

applicants was because of the administrative delay in following the

procedure in obtaining opinion from the different heads of the

department including the legal department and in view of the

difference of opinion among the different department heads.

The delay of 61 days is not sufficiently explained. Interim

application is accordingly dismissed.

7. In view of the dismissal of the interim application, appeal

No.577 of 2019 is also dismissed. No order as to costs.

( V.G.BISHT, J. )                              ( R.D.DHANUKA, J. )
                                  ....