The importance of explaining each day's delay in seeking condonation, the generation of vested rights by time-barred appeals, and the need to advance substantial justice.

JUDGMENT :

ARUN MONGA, J.

CM No. 2075-CII of 2021

1. Applicant seeks condonation of delay of 115 days in filing the accompanied appeal. For the reasons stated hereinafter, this is not a fit case where discretion to condone the delay ought to be exercised.

2. The explanation for seeking condonation is totally mechanical and there seems to be no application of mind. The delay is sought to be justified on the ground that file was pending from one desk to another in the office of applicant-insurance company. No specific details have been given as to why it was pending and why it took so many days to take the decision.

3. For ready reference Paras 2-4 of the application are as below:-

“(2) That in this case, the certified copy of the order dated 07.08.2019 passed by the Ld. Tribunal was applied on 08.08.2019 and prepared on 26.08.2019. The counsel before the Ld. Tribunal sent the certificate copy of the aforesaid order dated 07.08.2019 along with his letter dated 27.08.2019 to the concerned Divisional Officer at Gurugram which was received on 10.09.2019 at the said office. The said case file was processed at the said Divisional Office and the case file was sent vide their claim Note signed on 10.02.2020 to Regional Office-II, New Delhi. The Delhi Regional Office-II received this case file on 13.02.2020 and processed the case file. After that the said Delhi Regional Office-II sought an opinion of the Advocate, the said advocate submitted his opinion dated 2.3.2020 and this opinion was received by the Delhi Regional Office-II on 03.03.2020. The case file was further processed by the said office. The said Delhi Regional Office-II, vide their claim Note signed on 15.03.2020 sent the case file to the Regional Office, Chandigarh recommending this case for filing the appeal before the Hon’ble High Court. The case file of this case was received at the Regional Office, Chandigarh on 16.03.2020.

(3) The case file of this case was further processed at concerned section of Regional Office at Chandigarh and the counsel was deputed for filing of appeal before the Hon’ble High Court on 17.03.2020.

(4) The counsel prepared the appeal and filed the appeal accordingly before this Hon’ble High Court on 18.03.2019. Thus, a delay of 115 days had occurred in fling the present appeal. Since the matter was dealt with at various channels and passed through various hands and so the appeal could not be filed in time and the delay of 115 days has occurred in filing the appeal.”

4. Perusal of the aforesaid would reveal that not only the application has been filed in a mechanical manner, but even the mandate of law, which envisages each day’s delay has to be explained, is completely amiss in the averments of the application.

5. While it is obvious that once learned counsel was engaged on 17.03.2020, he very diligently, realising the importance of even having to explain even one day’s delay, filed the appeal the very next day i.e. on 18.3.2020. Such is the alacrity, expected also from a vigilant and perpetual litigant, in fact, with a stronger vigour. Not to forget, Insurance Company herein has the professional expertise to handle litigation. Applicant is pan India company with complete legal set up at its disposal, having both in house team of legal professionals on its pay roll, as well as, out sourced team of learned counsels on its panel, and yet it should falter, is rather a matter to ponder for the Insurance Company/appellant.

6. An appeal which has become time barred generates vested right in favour of decree holder, who has got a favourable order in his favour from the Court below. It would, therefore, be improper to condone the delay on whimsical grounds as resorted by the Applicant-Insurance Company herein. Particularly, when the claimants are unable to even afford the litigation expenses, given their financial condition, as is reflected from the award itself.

7. Qua the issue in hand with regard to condonation of delay, reference may be had to Apex Court judgment