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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
Tropical Industries International Pvt. Ltd. – Appellant
Versus
Vitthal Cashew Industries – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
I.A. 24120/2025
1. The present application has been filed on behalf of the defendants under Order XXXVII Rule 3(7) read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking condonation of delay in filing application for leave to defend, in the present summary suit.
2. There is a delay of 49 days in filing the application seeking leave to defend, which has been explained by the defendants in the following manner:
“xxx xxx xxx
5. That it is a respectful submission that there has been a delay of 49 days in filing the Application seeking Leave to Defend. It is submitted that such delay was neither intentional nor deliberate and the Defendants required time to cull out the relevant details and documents so as to controvert the falsehoods and half-truths being perpetuated by the Plaintiffs. The Defendants most humbly crave leave of this Hon'ble Court to read the contents of the accompanying the Application seeking Leave to Defend for the purposes of the present Application, and the same are not being repeated herein for the sake of brevity and to avoid prolixity.
6. That it is most humbly submitted that the authorized representative of the Defend
Delay in filing for leave to defend in summary proceedings is not condoned without sufficient cause, particularly where negligence is evident.
The main legal point established in the judgment is that the pursuit of legal remedies must be bona fide, and dilatory tactics may lead to the denial of delay condonation.
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act, 1963, and the exercise of discretion to advance su....
The court denied condonation of a 721-day delay in appeal filing due to lack of sufficient cause and negligence in prosecution, emphasizing that such delays in commercial matters require strict adher....
The court determined that administrative negligence is insufficient to warrant the condonation of significant delays in legal proceedings; strict adherence to limitation laws is paramount.
Conduct, behaviour and attitude relating to inaction/negligence by the appellant disentitle him to seek discretionary relief.
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