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SUJOY PAUL, NAMAVARAPU RAJESHWAR RAO
Managing Director – Appellant
Versus
K. Mahender – Respondent
ORDER :
(Namavarapu Rajeshwar Rao, J.)
This writ petition is filed seeking the following relief:
2. Learned counsel appearing for the petitioner submits that aggrieved by the order of the District Consumer Commission, Adilabad, in C.C.No.9 of 2018, the petitioner preferred an appeal in F.A.(Sr).No.740 of 2023. Initially, the appeal was filed through the earlier counsel. Due to his workload, the earlier counsel could not pay proper attention to the batches of appeals filed by him. In such circumstances, the petitioner has changed his counsel and requested the new counsel to attend to all such cases filed by the then counsel. Accordingly, the new counsel took the return of the bundles and, having noted the objections raised by the office, complied with the said objections and re-submitted the file with an applic
The court emphasized a liberal approach to condoning delays in legal proceedings, prioritizing substantial justice over technicalities.
The court emphasized that in applications for condoning delay, sufficient cause must be clearly demonstrated; mere boilerplate explanations are insufficient.
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
Delay of 347 days in filing appeals cannot be condoned.
(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....
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....
Condonation of delay not a matter of right.
Condonation of delay is not a matter of right and the applicant has to set out the care showing sufficient cause which prevented them to come to the commission.
(1) Limitation – The law of limitation requires delay for each day of delay to be explained after expiry of the period of limitation.(2) Consumer Fora – The purpose of Section 24-A is to ensure that ....
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