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J. RAJENDRA
Bajaj Allianz General Ins. Co. Ltd. – Appellant
Versus
Sunita Devi – Respondent
ORDER (ORAL)
As per the record of the Registry, there is a delay of 255 days in filing of this Revision Petition. IA No.11469 of 2023 has been filed by the petitioner seeking condonation of the said delay. As per the petitioner, the impugned order was passed on 12.09.2022. Thereafter, the local counsel of the petitioner at Lucknow applied for a certified copy of the Impugned order and the same was received by the local counsel on 22.09.2022.
2. He handed over the impugned order to his clerk for delivering at the office of the petitioner at Lucknow. The said clerk, due to oversight, did not hand over the same and after sometime the said clerk fell ill. Thus, the certified copy of the impugned Judgment/ Order was provided at the Petitioner’s office at Lucknow only on 19.04.2023. Thereafter, the Petitioner’s company consulted their Advocates in Delhi and discussed the further course of action. The process of identifying and consulting Advocates took some time. Upon receiving legal opinions, the Petitioner decided to challenge the Impugned Judgment/Order before the NCDRC. Accordingly, the Revision Petition was assigned to the present Advocates for filing and progressing before the NCDR
“Sufficient Cause”- ‘sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and that the applicant must satisfy that he was pr....
(1) Protracted delay - The petitioner failed to show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertains to the d....
(1) Each day’s delay - The petitioner failed to explain or show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertai....
‘Sufficient Cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part & applicant must satisfy that he was prevented by any “sufficient caus....
1. Limitation - Limitation has to be applied with all its rigour when the statute so prescribes, though it may harshly affect a particular party. 2. Condonation of delay - Condonation of delay is not....
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.
(1) Where case has been presented in court beyond limitation, applicant has to explain the court as to what was the “sufficient cause” which prevented him to approach court within limitation.(2) When....
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