IN
THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Condonation Application No. 1/205/2005 Appeal No. 205/2005
In the matter of:
Coram: ����������� Justice
N.K. Sodhi, Presiding Officer ����������� C.
Bhattacharya, Member ����������� R.
N. Bhardwaj, Member Per:� Justice
N.K. Sodhi, Presiding Officer (oral) 1.
The adjudicating
officer by his order dated 2.
There is a delay of
196 days in filing the appeal.� The
memorandum of appeal is accompanied by an application seeking condonation of
delay.�� The only ground on which the
delay is sought to be condoned is that the appellant�s mother was unwell on
account of which he could not file the appeal within time.� The mere ipse dixit of the appellant cannot
be accepted in this regard and the plea taken in the application is not
supported by any material, which could be accepted.�� There is no medical certificate forthcoming
from any registered medical practitioner which could show that the mother of
the appellant was ill and was in such a condition, which prevented the
appellant from filing the appeal within time.�
It is true that the Tribunal is normally liberal in condoning the delay
in filing the appeals, but nevertheless there has to be some sufficient cause
shown for the delay.� We are satisfied
that no such cause has been shown in the present case and that the appellant is
guilty of culpable negligence in not filing the appeal within the prescribed
period.� Moreover, the appellant did not appear
before the adjudicating officer despite service and suffered an ex parte
order.� 3.
In these
circumstances, we are not inclined to condone the inordinate delay for which no
satisfactory explanation has been furnished.�
Consequently, the application is dismissed. (Pronounced in
Court)
Place: Mumbai Date: 21.12.2005 //SR120522 |
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