Condonation of delay in SLP filing accepted on sufficient cause and a pragmatic, justice-oriented approach

A 292-day delay in filing an SLP was condoned on a factual assessment of sufficient cause under limitation law, which treats condonation as a discretionary and case-specific exercise. The explanation was accepted in light of the petitioner's status as a government enterprise, the procedural requirements affecting its functioning, and the absence of any indication of mala fides or dilatory tactics. Because the complaint had been dismissed for non-prosecution rather than on merits, a pragmatic and justice-oriented approach justified condonation, and leave was granted to challenge the dismissal.

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Issues: Whether the delay of 292 days in filing the special leave petition should be condoned and leave granted to challenge the order dismissing the complaint for non-prosecution.

Analysis: The delay was examined against the settled principles governing condonation under the law of limitation, namely that the existence of sufficient cause must be assessed on the facts of each case and that the power to condone delay is discretionary. The explanation offered was considered in the context of the petitioner being a government enterprise, the procedural requirements involved in its functioning, and the circumstances said to have prevented timely prosecution of the matter. The dismissal of the complaint was for non-prosecution and not on merits, and the explanation was found to be acceptable on a pragmatic and justice-oriented approach.

Conclusion: The delay of 292 days was condoned and leave was granted to prefer the appeal.

Ratio Decidendi: Condonation of delay depends on a factual assessment of sufficient cause, and in appropriate cases a pragmatic, justice-oriented approach may justify condoning delay even for a government litigant when the explanation is acceptable and does not indicate mala fides or dilatory tactics.

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