Condonation of short appeal delay allowed where medical evidence showed bona fide cause and no lack of good faith.

An 18-day delay in filing a company appeal was condoned under Section 421(3) of the Companies Act, 2013 because the delay was supported by a medical certificate showing the authorised signatory's treatment and need for rest. The explanation was found bona fide and consistent, with no negligence, deliberate inaction, or lack of good faith attributable to the appellants. Applying a liberal, justice-oriented approach, the Tribunal held that a short, satisfactorily explained delay should not defeat a meritorious matter on technical grounds. The appeal was therefore permitted to proceed on merits, subject to payment of costs.

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Issues: Whether 18 days' delay in filing the company appeal should be condoned under Section 421(3) of the Companies Act, 2013.

Analysis: The delay was explained on the basis of the authorised signatory's medical indisposition, supported by a medical certificate showing treatment and advice to rest. The explanation was held to be consistent and bona fide, and no negligence, deliberate inaction, or lack of good faith was attributable to the appellants. In considering condonation, the Tribunal adopted a liberal and justice-oriented approach, holding that short delay supported by sufficient cause should not defeat a meritorious matter on technical grounds.

Conclusion: The 18 days' delay was condoned and the application for condonation of delay was allowed.

Final Conclusion: The appeal was permitted to proceed on merits after acceptance of the explanation for delay, subject to payment of costs.

Ratio Decidendi: Where a short delay in filing an appeal is satisfactorily explained by bona fide circumstances and supported by material evidence, condonation is warranted in the interest of substantial justice.

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