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HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Branch Manager, National Insurance Company Limited – Appellant
Versus
Srijana Chettri – Respondent
| Table of Content |
|---|
| 1. court application details under section 173(1) of the motor vehicles act. (Para 1) |
| 2. parties argument: administrative delay vs lack of detailed justification. (Para 2 , 3 , 4) |
| 3. requirement to show sufficient cause for condonation of delay. (Para 5) |
| 4. failure to establish sufficient cause leads to dismissal of application. (Para 6 , 7 , 8) |
ORDER :
MEENAKSHI MADAN RAI, J.
1. I.A. No.01 of 2024, is an application under Section 173(1) of the Motor Vehicles Act, 1988, filed by the Applicant, seeking condonation of 266 days’ delay, in filing the Appeal.
2. Learned Counsel for the Applicant submitted that, the impugned Judgment was pronounced on 30-09-2023. The copy of the Judgment was applied for by the Applicant on 01-10-2023, and the copy made available on 10-10-2023. The Appeal ought to have been filed on 08-01-2024, but came to be filed only on 23-08-2024, resulting in the delay of 266 days’. Learned Counsel for the Applicant submits that the delay occurred on account of the File movement that took place from the Branch Office, at Gangtok, to the Divisional Office, at Siliguri and thereafter to the Regional Office, at Kolkata and made its way back to the Branch Office
Courts will not condone a delay in filing an appeal where the applicant fails to provide detailed, verifiable evidence explaining the delay on a day-to-day basis. Blanket assertions of internal admin....
Condonation of delay should be granted when sufficient cause is established, emphasizing that substantial justice prevails over technical procedural errors. A litigant should not suffer or be penaliz....
The court maintains discretionary authority to condone delays in legal filings when satisfied that the delay resulted from the negligence of legal counsel rather than the litigant. Liberal interpreta....
Courts will condone delays in filing appeals when the delay is attributed to the negligence of legal counsel, emphasizing that a litigant should not be penalized for such professional tardiness, ensu....
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
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. ....
When seeking condonation of delay, the 'sufficient cause' must trace back to events occurring within the statutory limitation period. A party cannot establish 'sufficient cause' based on events trans....
A delay in filing appeals requires sufficient and plausible reasons; mere administrative delays do not suffice.
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