HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Branch Manager, Cholamandalam Ms General Insurance Company – Appellant
Versus
Selina Bibi – Respondent
| Table of Content |
|---|
| 1. parties' contentions regarding the cause and justification for the delay in filing an appeal. (Para 1 , 2 , 3 , 4) |
| 2. application of limitation law requiring sufficient cause for delay during the limitation period. (Para 5 , 6) |
| 3. judicial propriety in staying proceedings and the final denial of the condonation of delay. (Para 7 , 8 , 9) |
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 Applicants, seeking condonation of delay, in filing the Appeal.
2. Learned Counsel for the Applicants advanced the argument that the Learned Motor Accidents Claims Tribunal, Gangtok, Sikkim (hereinafter, the “MACT”), pronounced the impugned Judgment, in MACT Case No.03 of 2021 (Selina Bibi and Others vs. The Branch Manager, Cholamandalam MS General Insurance Company and Others), on 21-08- 2023, whereupon the Memo of Appeal was to have been filed on or before 19-11-2023.
3. However, the delay of 357 days’ occurred on account of the following grounds;
(i) After obtaining the impugned Judgment on 12-09-2023, it was forwarded to the Branch Office, at Siliguri, on 15-09-2023.
(ii) From the Siliguri Office,
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....
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....
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....
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....
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 : 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. ....
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....
The main legal point established in the judgment is the requirement of 'sufficient cause' for condoning delay in filing appeals under Section 173 of the Motor Vehicles Act, 1988.
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. The law of limi....
A litigant must demonstrate reasonable diligence in seeking justice; mere belief in counsel's actions does not suffice as sufficient cause to condone lengthy delays.
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