Union Of India vs Independent TV Ltd.

30.11.2023: I.A. No. 5575 of 2023. This Application is for seeking condonation of delay of 47 days in filing the present Appeal. The impugned order was passed on 17^th March, 2023. It is mentioned in the application that the Appellant came to know about the impugned order on 21^st March, 2023. If 30 days are counted from 17^th March, 2023 then it would expire on 16^th April, 2023 and if 30 days are counted from 21^st March, 2023, it would expire on 20^th April, 2023. Further period of 15 days, provided under Section 61(2) proviso would expire on 01^st May, 2023 if limitation is counted from 17^th March, 2023 and if it is counted from 21^st March, 2023 would expire on 05^th May, 2023 as per the averment made in the Application.

Standing counsel for Central Government received the communication from the Department on 04^th March, 2023 that Appeal is to be filed against the Order impugned. In 21^st June, 2023, the draft appeal was sent by the Department for approval of the competent authority and thereafter the Appeal was filed on 04^th July, 2023.

In the case of National Spot Exchange Limited Vs. Mr. Anil Kohli, RP of Dunar Food Limited, Civil Appeal No. 6187 of 2019, Hon’ble Supreme Court has held that Tribunal does not enjoy the jurisdiction to condone the delay beyond the period of 15 days as provided under Section 61(2) proviso. Hon’ble Supreme Court has further held that the delay beyond the period of 15 days cannot even be condoned by resorting to Article 142 of the Constitution of India.

Thus, in view of the fact that delay of 47 days beyond period of 15 days cannot be condoned as this Tribunal does not have the jurisdiction to entertain the Application for condoning the delay beyond the period of 15 days. 5. The Application is thus dismissed.

The Appellant has also filed I.A. No. 5574 of 2023 for condonation of delay of 137 days in refiling the Appeal. It is mentioned in the application that the delay has been caused and the Appeal was refiled after removal of the defect and in this process delay of 137 has occurred.

There is limitation of seven days provided in the Rules for refiling the Appeal after removal of the defect whereas in the present case the delay in refiling is of 137 days. This Court by a Judgment of five-member bench, in the matter of I.A. No. 3961 of 2022 in C.A.(AT) Ins. No. 729 of 2020, Union Bank of India Vs. Dinkar T. Venkatasubramanian & Ors., has held that the delay in refiling can be condoned only if a sufficient cause is made out. In the present case, no sufficient cause has even been averred in the application for seeking condonation of delay in refiling.

From the resume of the aforesaid facts and circumstances, it is apparent that the Appellant has filed this appeal in a most casual manner and thus the question would arise as to who is responsible for the loss caused to the government. We are not going into this aspect of the matter. But the fact remains that not only the Appeal has been filed after the huge delay of 47 days but also it has been refiled after huge delay of 137 days.

In view of the aforesaid facts and circumstances, since we have dismissed both the Applications seeking condonation of delay in filing as well as refiling, present Appeal is not duly constituted and the same is hereby dismissed. No cost.