METALMAN PIPE MANUFACTURING CO LTD Vs. JANAKI BAI

JUDGEMENT

(1.) THIS is delay condonation application, in which delay of 569 days is prayed to be condoned. Reasons given by the appellant for condonation of such long period of delay is that the appellant lastly remained present before the Commissioner on 30. 1. 1995 and on that date, the counsel appearing for the respondent No. 6 pleaded no instructions. It is his contention that thereafter the said case was heard on 7. 3. 1995, 31. 3. 1995 and it was fixed for orders on 24. 4. 1995. Mr. Pankaj Bagadia further submitted that for the first time the appellant received information on 21. 7. 95 that some order was passed against it on 24. 4. 1995.

(2.) THE appellant further contended that thereafter the appellant filed review petition, which was dismissed by the Commissioner on 10. 10. 96 holding that he did not have the jurisdiction to review the impugned order. The appellant further contended that it filed writ petition before this Court bearing No. 1516 of 1996 which was dismissed by this Court on 13. 11. 1996.

(3.) MR. Bagadia submitted that under these circumstances, the delay needs to be condoned in the interest of justice. Mr. S. Patwa appearing for the respondents argued that the delay is of 569 days and that has not been satisfactorily explained.