The court requires sufficient cause to condone delay under the Limitation Act, with a focus on diligence and valid reasons.

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI O.S.A.No.SR112618 of 2025 and C.M.P.No.2995 of 2026 Sethurao Ravichandran Son of Ravichadran Carrying on business under the name and style of M/s.Tanjana Trading Co.

Now at No.35, Veerabadran Street, T.Nagar, Chennai – 600 017. ... Appellant Vs.

Sahil A.Jain Son of Ashok Kumar No.30, Thirupalli Street, Chennai – 600 001. ... Respondent Prayer in C.M.P.No.2995 of 2026: This Civil Miscellaneous Petition has been filed under Section 5 of the Limitation Act, seeking to condone the delay of 715 days in filing the Original Side Appeal against the order dated 03.11.2023 made in I.P.No.29 of 2023. Prayer in OSA.No.SR112618 of 2025: This Original Side Appeal has been filed under Order 36 Rule 1 of Original Side Rules and under Section 8(2)(b) of Presidency Towns Insolvency Act of 1909 r/w Clause 15 Letters Patent, to set aside the order dated 03.11.2023 made in I.P.No.29 of 2023 on the file of the Insolvency Jurisdiction of this Court and to allow this Original Side Appeal.

For Appellant : Mr.B.Govindaprabu For Respondent : No Appearance ******* ORDER (Order of the Court was made by P.VELMURUGAN, J.)

The miscellaneous petition has been filed seeking to condone the delay of

715 days in filing the above Original Side Appeal.

2 Despite notice served on the respondent and name also being printed in the cause list, none appeared on behalf of the respondent.

3 It is seen that the respondent obtained an ex-parte decree against the appellant and thereafter since he did not get the fruits of the decree, filed Insolvency Petition in I.P.No.29 of 2023 to adjudicate the appellant as insolvent and this Court by an order dated 03.11.2023 allowed the petition, which is under challenge in the present Original Side Appeal.

4 The appellant filed this appeal with delay of 715 days along with the above miscellaneous petition seeking condonation of the said delay.

5 It is settled law that while condoning delay under Section 5 of the Limitation Act, "sufficient cause" must be shown for the entire period of delay and the same must be explained, focusing on bona fide reasons and each day must be accounted for in substance to prove diligence. A careful reading of the affidavit filed in support of this miscellaneous petition reveal that there is no valid reason assigned by the appellant for the inordinate delay of 715 days.

6 Therefore we are not inclined to condone the delay of 715 days and hence this civil miscellaneous petition stands dismissed. Consequently the Original Side Appeal is also rejected at the SR stage itself.