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IN THE HIGH COURT OF BOMBAY AT GOA
BHARAT P.DESHPANDE
Prof (Mrs) Nelly Rodrigues, Retired Lecturer, wife of Adv. Jose J. Rodrigues – Appellant
Versus
Branch Manager – Respondent
JUDGMENT :
BHARAT P. DESHPANDE, J.
1. Rule. Rule made returnable forthwith.
2. The matter is taken up for final disposal at the admission stage itself with consent of the learned Counsel for the parties.
3. Heard Mr. Kakodkar for the Petitioner and Mr. Patel for the Respondents.
4. The legality or otherwise of the order passed by the National Consumer Disputes Redressal Commission, New Delhi vide order dated 20.09.2023, is questioned in the present Petition under Article 227 of the Constitution of India.
5. Mr. Kakodkar appearing for the Petitioner would submit that a Revision was filed by the Petitioner before the National Commission along with the Application for condonation of delay. A reply was filed on behalf of the Respondents and thereafter, rejoinder was filed by the Petitioner. He submits that the National Commission by the impugned order dismissed the delay Application without considering the grounds mentioned therein and the fact that the Petitioner was ready and willing to produce necessary documents to support her contentions.
6. Mr. Kakodkar would submit that the Petitioner has a very strong case on merits and the delay is only of 125 days, which was sufficiently explained a
The High Court under Article 227 reviews lower tribunal orders focusing on merits and procedural propriety, ensuring sufficient grounds are presented for delay condonation in revisions.
Delay cannot be condoned without sufficient cause; litigants must demonstrate vigilance and accountability regarding timely legal action.
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
Delay of 347 days in filing appeals cannot be condoned.
Condonation of delay is not a matter of right and the applicant has to set out the care showing sufficient cause which prevented them to come to the commission.
The law of limitation applies to all parties, including government entities, and sufficient cause must be shown for condoning delays in filing appeals.
The main legal point established in the judgment is the interpretation of 'sufficient cause' under Section 5 of the Limitation Act and the emphasis on advancing substantial justice.
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