Delay exceeding prescribed limits in appeal cannot be condoned without significant justification.

JUDGMENT

In all these cases the petitioner has approached this Court challenging Ext.P5 order whereby the delay in filing an appeal in a commercial suit was condoned. The petitioner relies on the judgment of the Hon’ble Supreme Court in Government of Maharashtra (Water Resources Department) Represented by Executive Engineer vs. Borse Brothers Engineers and Contractors Private Limited [2021 6 SCC 460] and the judgment of a learned Single Judge of this Court in State of Kerala vs. Dr.Praveen Kumar T.K. [2024 (3) KHC 165]. In Borse Brothers (supra), the Hon’ble Supreme Court had categorically held that in an appeal filed under the Commercial Courts Act , a short delay beyond the period prescribed can, in the discretion of the Court, be condoned, always bearing in mind that the other side of the picture is that the opposite party may have acquired both in equity and justice, what may now be lost by the first party’s inaction, negligence or laches. The Court was considering several cases, in which, the appeals were filed more than 75 days of the period provided under Section 13 (1-A) of the . The Hon’ble Supreme Court held that such delays cannot be condoned. In Dr.Praveen Kumar T.K. (supra), the learned Judge of this Court was considering a case of a delay of 102 days in filing the appeal. The appellate court had rejected the request for condonation of the delay and dismissed the appeal as a consequence. This Court held that there was no reason to interfere with the judgment. The judgment in Borse Brothers (supra)

was followed by this Court.

2. In view of the categoric pronouncement, these original petitions have to be allowed. In all these cases, the delay in filing the appeal was 282 days. Going by the yardstick in the judgments referred above, the delay cannot be condoned.

3. In the result, these original petitions are allowed. The impugned orders are set aside.

Sd/-