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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, TEJAS KARIA
Sanghvi Writing Points Private Limited – Appellant
Versus
Union of India Through The Secretary – Respondent
| Table of Content |
|---|
| 1. procedural delays and exemptions condoned. (Para 1 , 2 , 4 , 5 , 7 , 8) |
| 2. pf defaults during sick unit rehabilitation. (Para 10) |
| 3. arbitrary damages; writ delay by counsel fault. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. litigant vigilance required; delay not condoned. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
TEJAS KARIA, J.
CM APPL Nos. 18272/2026 and 18273/2026
1. Exemptions are allowed, subject to all just exceptions.
2. The Applications stand disposed of.
CM APPL No. 18274/2026
3. The present Application has been filed by the Appellant seeking condonation of delay of 56 days in filing the Appeal.
4. For the reasons disclosed in the Application, the same is allowed. The delay of 56 days in filing the Appeal is hereby condoned.
5. The Application stands disposed of.
CM APPL No. 18275/2026
6. The present Application has been filed by the Appellant seeking condonation of delay of 38 days in re-filing the Appeal.
7. For the reasons disclosed in the Application, the same is allowed. The delay of 38 days in re-filing the Appeal is hereby condoned.
8. The Application stands disposed of.
LPA 152/2026
9. The present Letters Patent Appeal has been filed challenging the
Litigants must vigilantly monitor proceedings and cannot condone inordinate delay solely by blaming counsel's negligence; appointing counsel does not absolve duty to ensure active pursuit of rights.
Unexplained delays in filing writ petitions lead to dismissal, emphasizing the need for government departments to act diligently and provide reasonable justifications for delays.
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' and a pragmatic approach to advance substantial justice in applications for condonation o....
The court emphasized a pragmatic approach to justice, stating that delay should be liberally construed under the Limitation Act, and parties should not be penalized for their counsel's non-appearance....
The court established that inordinate delay in seeking legal remedy, especially in service-related claims, can bar relief, and that the doctrine of delay and laches is a critical consideration in the....
Delay disentitles a party to discretionary relief, and the requirement of a succession certificate for the release of C.M.P.F. dues is justified.
Jurisdictional limitations must be strictly observed, as appellate tribunals cannot entertain appeals filed beyond statutory time limits, reinforcing the necessity for procedural compliance in civil ....
substantial delay cannot be condoned by mere shifting of the blame on the counsel since the parties are required to keep track of the matter and there was also negligence on the facts of that case de....
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