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Judgment
The present petition has been filed to condone the delay of 658 days in paying the deficit court fee of Rs.9,475/- in the above CMASR.No.20685 of 2018.
2.As regards the delay, the learned counsel for the petitioner would state that the award was passed on 06.02.2016 and the petitioner filed presented the appeal on 04.06.2018 by paying court fee of Rs.200/- and the papers were returned for payment of deficit court fee on 08.06.2018, but due to administrative reason, the delay was caused in obtaining necessary sanction from the Finance Committee of the appellant Board and since the counsel's clerk had misplaced the papers, the actual court fee could not be paid in time and therefore, the above delay occurred which is neither wilful nor wanton and the petitioner corporation has good grounds on merits. Thus, he would pray to condone the delay.
In State of Bihar vs. Deo Kumar Singh (SLP(Civil)No. 13348/2019 dated 09.05.2019, the appeal was filed with the delay of 728 days stating that the delay occurred in obtaining all the sanctions from the respective departments and also in receiving the affidavit and vakalathnama from the concerned department. The Hon'ble Supreme Court in the said case, has held that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please on account of gross incompetence of their officers and that too without taking any action against the concerned officers. Ultimately, in the said case, the Apex Court while declining to condone the delay of 728 days in filing the appeal, imposed the cost of Rs. 20,000/- to be recovered from the officers responsible for that delay and be deposited to the Mediation Centre of the Supreme Court within four weeks.
In the present case also, the delay is stated to have occurred in obtaining necessary sanction from the Finance Committee of the appellant Board. In view of the above judgment of the Apex Court, such kind of reasons cannot be termed as sufficient reasons to condone the delay. Therefore, this Court is not inclined to condone the delay of 658 days in paying the deficit court fee
Accordingly, CMP(MD)No.2499 of 2021 is dismissed. Consequently, CMA(MD)SR.No.20685 of 2018 is rejected.