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INDER JIT SINGH, SUDHIR KUMAR JAIN
Ashish Gupta – Appellant
Versus
Mahesh Chandra Singhal – Respondent
ORDER
Dr. Inder Jit Singh, Presiding Member.—The present First Appeal (FA) has been filed by the Appellant against the order dated 05.03.2019 of the State Commission in CC No. 48/2015. The FA has been filed with a delay of 1967 days as per calculations made by the Registry of NCDRC.
2. In order to condone the delay in filing the First Appeal, the Appellant has to satisfy this Commission that there was sufficient cause for preferring the FA after the stipulated limitation period. An IA No. 14727/2024 dated 06.09.2024 has been filed seeking condonation of delay. In the said IA, period of delay mentioned is 1965 and following reasons for delay/grounds for condonation have been mentioned:—
(i) Appellant was in judicial custody in case arising out of FIR No. 173/2015 registered with PS EOW (C), Delhi and he was informed about the same by his family members and only then the Appellant came to know for the first time about the factum of petition being pending against Appellant, when warrants of arrest were sought to be served upon the Appellant at his residence. Thereafter for the first time on 25.07.2022 appearance before the State Commission was entered by counsel on behalf of Appellant,
(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....
(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....
Delay of 347 days in filing appeals cannot be condoned.
(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....
(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....
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) 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....
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