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SUBHASH CHANDRA, AVM J. RAJENDRA
Toralben Prakash Patel – Appellant
Versus
Future General Insurance Co. Ltd. – Respondent
ORDER
It is seen from the record that the Appeal was filed on 29.05.2023. Thereafter, the Registry observed certain defects and notified the same to the appellant. On 19.06.2023, the matter was listed before Assistant Registrar and the appellant was granted seven weeks’ time to cure defects. Thereafter, on 18.08.2023, as the defects were not cured, again five weeks’ more time was given to the appellant to cure the defects. On 18.10.2023, the defects still were not cured and the appellant was again granted four weeks’ time to cure the defects. On 08.12.2023, the appellant again sought and was allowed four weeks’ time to cure the defects and the matter was listed before the Bench for admission hearing on 11.01.2024. On 11.01.2024, appellant was directed to appear before the Registrar on 02.02.2024 for removal of defects. On 02.02.2024, the appellant sought and was granted five weeks’ time to cure defects and the matter was again listed before Bench on 20.03.2024. On 20.03.2024, the counsel for appellant undertook to file a better affidavit for explaining the delay and was granted four weeks’ time. On 06.09.2024, as prayed, fifteen days further time was allowed to the counsel for the
(1) Sufficient cause – ”Sufficient cause” implies the party must not have acted in a negligent manner or remained inactive. The applicant must satisfy the Court that they were prevented by genuine re....
(1) Diligent - The applicant is also required to show that it had been acting diligently and reasons were beyond its control.(2) Discretion - It is settled proposition of law that the discretion to c....
(1) Limitation – The law of limitation requires delay for each day of delay to be explained after expiry of the period of limitation.(2) Consumer Fora – The purpose of Section 24-A is to ensure that ....
(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....
Appeal – Limitation – Law of limitation has to be applied with all its rigour and Courts have no power to extend period of limitation on equitable grounds.
(1) Delay - The delay of each and every day has to be explained.(2) Due Diligence - The basic test to determine whether the delay is reasonable or whether the party has been acting with due diligence....
Delay of 347 days in filing appeals cannot be condoned.
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