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REKHA PALLI, SAURABH BANERJEE
Oriental Insurance Co. Ltd – Appellant
Versus
Sharp Mint Ltd – Respondent
JUDGMENT :
(Saurabh Banerjee, J.)
CM APPL. 66623/2024
This is an application under Section 5 of the Limitation Act, 1963 filed by the appellant seeking condonation of 182 days delay in filing the accompanying appeal under Section 13 of the Commercial Act, 2015 against the judgment and decree dated 02.03.2024 (impugned judgment) whereby the learned Single Judge has decreed the suit for recovery of Rs.2,45,35,797.20/- alongwith interest @6% per annum from 01.05.2015 till realization, as instituted by the respondent.
2. Since we are hearing the learned counsel for appellant for adjudication of the present application seeking condonation of delay, there is no need for us to advert to the merits of the matter.
3. It is the case of the appellant that though the impugned judgment was delivered on 02.03.2024, it never received a certified copy thereof from its erstwhile Advocate before the learned Single Judge and the decision came to its knowledge only upon receipt of notice of the execution petition filed by the respondent on 03.07.2024. Thereafter, though it deputed and contacted one Mr. Apoorva Sarvaria, Advocate on 16.07.2024, he opined against filing of an appeal on 02.08.2024 against the
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
Inordinate delay cannot be condoned without sufficient cause explaining each day's delay, substantiated by evidence; vague, unsubstantiated plea of family illness fails against rigorous limitation la....
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