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2025 Supreme(All) 3345

HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSAL, Kshitij Shailendra
Jay Chemical Works – Appellant
Versus
Sai Chemicals – Respondent


Advocates Appeared:
For the Appellant :Govind Singh (Sr. Advocate), Imran Syed, Anil Sahu.
For the Respondent: Devansh Misra, Anup Shukla.

Table of Content
1. delay in appeal due to proprietor's illness. (Para 1 , 2 , 3)
2. challenges regarding the justification for delay inherit complexities. (Para 4)

JUDGMENT :

In Re:- Delay Condonation Application No. 1 of 2025

2. The present appeal under Section 13(1-A) of Commercial Courts Act, 2015 (for short 'the Act, 2015') is reported to be beyond time by 154 days. Affidavits have been exchanged in the matter of condonation of delay.

APPLICATION SEEKING CONDONATION OF DELAY

COUNTER AFFIDAVIT

REJOINDER AFFIDAVIT

SUBMISSIONS ON BEHALF OF THE APPLICANT

SUBMISSIONS ON BEHALF OF THE RESPONDENT

DISCUSSION AND FINDINGS

10. In Ummer (supra), the Hon'ble Supreme Court has observed that the earlier view that a litigant is required to explain delay of each day till date of filing the appeal has since been diluted by the later decisions of the Apex Court, the same remains no longer a good law and 'sufficient cause' within the meaning of Section 5 of the Limitation Act should be liberally considered. In the said case, the ground seeking condonation of delay was physical ailments of the concerned appellant. In the instant case, condonation of delay has been sought not only on the ground of physical ai

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