As per the admitted facts, the said IR was filed with a delay of 92 days along with an application to condone the delay. That was not entertained by the Tribunal and the same was disposed on 23.07.2015. The Writ Petition challenging the order in WP No.37101/2015 was filed only on 01.09.2015. Even after the disposal of the WP on 11.08.2021, this appeal is not filed immediately but filed only on 21.12.2021. There is a delay all round. Merely because petitioners filed WP before the Hon’ble High Court, that cannot be taken straight away to condone the time spent in prosecuting the WP. There is statutory remedy available against the order passed by DRT in filing appeal before DRAT. Despite that, petitioners wantonly preferred to file writ petition before the Hon’ble High court of Karnataka, which consumed nearly six years of time before the WP was finally disposed. Therefore it cannot be said that the petitioners bonafidely prosecuted the above said WP before the Hon’ble High Court. There is a delay at every stage of the proceedings initiated by the petitioners.
