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A. P. SAHI, INDER JIT SINGH
Kameshwar Mehta – Appellant
Versus
General Managr, IFFCO Tokio General Insurance Co. Ltd. – Respondent
ORDER
This Appeal has a chequered history and it has been heard primarily on the reported delay of 2250 days in the filing of the Appeal. The Appellant has pleaded that this delay is of only 1497 which deserves to be condoned in the light of the background of the case, its merits and the circumstances that have led to the delay.
2. The Appeal has been filed against the order of the State Commission, Jharkhand dated 16.02.2018 in CC/33/2017 filed by the Appellant which is extracted hereinunder:
“Dated:16.02.2018
Order
No body appears for the Complainant. Mr. Ashutosh Anand submits that he has already filed Written Statement and the Complainant is required to file evidences and/or further documents that may be required. However, today there is no appearance on behalf of the Complainant.
Let it be recorded that the Complainant is not appearing right from 6.11.2017 onwards. This was recorded on 23.1.2018 and subsequently on 6.2.2018 learned counsel for the Complainant made a magical appearance and prayed for one weeks’ time to file Rejoinder. We granted such time but today when the matter has been called out, the Complainant has chosen to go back to sleep. We are not inclined t
(1) Diligent – A litigant cannot abandon responsibility once a counsel is engaged. To claim counsel negligence, the litigant must prove they were diligent and were misled.(2) Shift the Blame – A liti....
Limitation – Condonation of delay – Term “sufficient cause” u/Section 5 of Limitation Act should be liberally construed promote substantial justice, when delays are not due to dilatory tactics, bad f....
(1) Appeal – Condoning delay without sufficient cause and proper justification would violate statutory provisions and show disregard for legislative intent.(2) Regardless of merit of a case, limitati....
Point of Law : LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. ....
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
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