COMMISSIONER OF INCOME TAX BOMBAY CITY C I T BOMBAY CITY RAM KRISHAN Vs. R H PANDI MANAGING TRUSTEES OF TRUST BOMBAY:THE PUBLIC UTILITIES INVESTMENT TRUST LTD

JUDGEMENT

(1.) In these matters a question arises as to whether applications for condonation of delay in filing petition of appeal can be heard by the Judge in Chambers. An argument is advanced before the Hon'ble Judge in Chamber that if an application for condonation of delay is refused by the Judge in Chambers it will amount to dismissal of the appeal by the Judge in Chamber. Therefore, it is said that these applications should be heard by the Court which alone can dismiss an appeal.

(2.) Notices were given to the Attorney General and the Bar Association because it was said that the existing practice of posting applications for condonation of delay in filing petition of appeal before the Judge in Chambers should be discontinued and such application should be listed before the Court.

(3.) The relevant rule is order VI Rule 2 (14) of the Supreme Court Rules, Order VI Rule 2 states that the powers of the Court in relation to matters enumerated there may be exercised by a Single Judge sitting in Chambers. Clause (14) reads "Applications for enlargement or abridgement of time except where the time is fixed by the Court or relates to deposit of security and except applications for condonation of delay in filing special leave petitions." Under the Rules it follows that all applications for enlargement or abridgement of time except the three cases mentioned in Order VI Rule 2 (14) are heard by the Judge in Chambers. An important exception is application for condonation of delay in filing special leave petitions.