CHRISTIAN MEDICAL CENTRE Vs. A SHAJAHAN

JUDGEMENT

(1.) In support of the application for condoning the delay of 46 days in presenting the appeal in the original affidavit of February, 1998 it is stated as follows: "the order of the District Forum is received by our Advocate on 20.12.1997, though dated 12.12.1997. The order has to be studied at various levels before filing appeal. The appeal could not be filed within the prescribed period of thirty days due to administrative delays and obtaining permission from the higher Authorities i. e. , Chairman, Council of Christian Hospitals, Bangalore. There are no laches or negligence in filing the appeal. "

(2.) The learned Counsel for the petitioner/ appellant took time to file a better affidavit and thereafter in the affidavit of the Medical Director of the applicant the reason for the delay is stated as follows: "the order of the District Forum was delivered to our Advocate on 20.12.1997 and the same has been delivered to us. Before filing the appeal we have called remarks from the concerned doctor who performed the surgery. The Business Manager Sri Bejamen was looking after the matter. We sought for legal advise before filing appeal. Also there is a Committee in which the matter was discussed. We had to seek permission from higher Authorities i. e. Chairman, Council of Christian Hospitals, Bangalore. In this process there was delay and the appeal could not be filed within the time granted by the Act. "

(3.) We find that in this latter affidavit, apart from repeating what was stated in the earlier affidavit, nothing more is stated. Admittedly the order of the District Forum was received on 20.12.1997 itself and the reason given is that it had to be studied at various levels by different persons and that in mat process time was taken. That leisurely deliberation cannot be a ground. We find that no sufficient cause is made out for condoning the delay in presenting the appeal. FA. IA. No.194 of 1998 for condoning the delay is, therefore, dismissed, and FA. SR. No.572 of 1998 is consequently rejected.