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2026 Supreme(Online)(SC) 284

SUPREME COURT OF INDIA
MR. SANJAY KUMAR, MR. K. VINOD CHANDRAN, JJ
NARENDRA R. PATEL – Appellant
Versus
KAMAL DATTATRAY KALE & ORS. – Respondent
SPECIAL LEAVE PETITION (CIVIL) Diary No. 9064/2021 | SLP(C) No. 5661/2021



Advocates:
For the Appellants/Petitioners: Ms. Rashi Bansal, Ms. Deepti Thapa, Mr. Parag Shah
For the Respondents: Mr. Pravartak Suhas Pathak, Mr. Ritu Raj, Ms. Sindhu Shajee, Mr. Maibam Nabaghanashyam Singh, Mr. Krishnakanta Singh

Applicants must clearly specify delay duration and reasons in applications for condonation of delay; failure to do so may lead to deficiencies.

Headnote:The Supreme Court analyzed the application for condonation of delay in filing a special leave petition which was found deficient as it lacked information on the number of days’ delay and sufficient explanation. The court noted that it is the responsibility of the applicant to compute the delay. Despite this, the delay was condoned due to circumstances of the COVID Pandemic. The court emphasized the need for proper adherence to application protocols by the Registry. The court ordered the number of the special leave petition to be issued and necessary notices to be served upon the respondents.

ORDER

SLP(C) NO. 5661/2021

Learned counsel appearing for the petitioner seeks time to file a rejoinder to the counter affidavit of respondent No. 1. Needful in that regard shall be done within two weeks from today.

Re-list on 15.04.2026.

SLP(C) Diary No. 9064/2021

I.A. No. 50390/2021 was filed seeking condonation of delay in the filing of the special leave petition. However, the number of days’ delay was left blank therein and the Office Report on Limitation prepared by the Registry of this Court also makes no mention as to the number of days’ delay in the filing of this special leave petition.

We may note that the practice of the Registry of this Court is to itself undertake the exercise of computing the number of days by which the filing of the petition is delayed and fill the same in the application for condonation of delay as well as in the Office Report on Limitation. Such a practice is unheard of as it is for the applicant in the condone delay application to calculate the number of days’ delay so as to then explain the reasons for such delay. If the applicant does not even know the number of days’ delay there is, the question of that applicant explaining that delay does not logically arise.

The Registry of this Court should, therefore, not undertake this exercise but insist upon the learned counsel for the applicant in the application for condonation of delay to file a full and proper application, not only indicating the number of days’ delay but also the detailed reasons for such delay.

In any event, we may note that the order under challenge in this special leave petition was passed by the National Consumer Disputes Redressal Commission, New Delhi, on 27.02.2020, and the special leave petition was filed on 05.04.2021, that is, during the COVID Pandemic period. The delay, if any, therefore, stands explained.

I.A. No. 50390/2025 is, accordingly, disposed of condoning the delay, if any.

Registry shall number the special leave petition.

Issue notice and list with SLP(C) No. 5661/2021.

Mr. Pravartak Suhas Pathak, learned counsel, who is present in Court, waives service and accepts notice on behalf of respondent No. 1. Hence, notice need not be served on the said respondent.

Notice on the other respondents shall be served by all modes, including dasti.

A copy of this order shall be sent to the Registrar (Judicial) for taking necessary action pursuant to the observations made hereinabove in the future at least.

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