2024 (11) TMI 1576 - HC - Indian Laws

Condonation of delay in filing appeal where 1707-day delay and lack of sufficient cause led to dismissal of the condonation application

Application for condonation of delay addressed the sufficiency of cause for a 1707-day delay; absence of cogent explanation and admission of failure to ... Condonation of delay - delay of 1707 days - law of limitation - sufficient cause - inordinate delay - negligence and want of due diligence - discretion to condone delay - HELD THAT:- A perusal of the application reveals that it is totally bereft of any explanation for the delay of 1707 days except for mentioning that the appellant did not contact his counsel and hence did not come to know about the fate of the claim petition although it is candidly admitted that the counsel had sent a message which the appellant claims that he did not receive. No cogent reasons forthcoming explaining the inordinate delay of 1707 days in filing the present appeal, the application seeking condonation of the aforesaid delay is dismissed. Issues: Whether the delay of 1707 days in filing the appeal should be condoned and, consequentially, whether the appeal barred by limitation should be entertained.Analysis: The application for condonation was examined against the legal parameters governing condonation of delay, including the requirement to demonstrate a 'sufficient cause' for delay. The applicable legal framework distinguishes the strict construction of limitation under Section 3 and the more liberal interpretation of Section 5 of the Limitation Act, 1963, while emphasising that courts may exercise discretion to condone delay only upon adequate explanation. Considerations include the length of delay, presence of inordinate delay, negligence or lack of due diligence, and absence of cogent reasons explaining the delay. Where an inordinate delay is shown and no adequate explanation or due diligence is provided, condonation is not warranted even if substantial justice considerations are noted.Conclusion: The application for condonation of delay is rejected and the appeal is dismissed as barred by limitation; decision is against the appellant and in favour of the respondent.Ratio Decidendi: Condonation of delay under Section 5 requires demonstration of sufficient cause; inordinate delay accompanied by negligence or lack of due diligence and absence of cogent explanation precludes exercise of discretion to condone delay.