Principles while considering petition for condonation of delay reiterated, lack of bona fides is ground for dismissal

Shriram General Insurance Co Ltd vs Dik Bir Damai

Sikkim HC

17/09/2018

I.A. No.01 of 2018 in MAC App. No.08 of 2018

About/from the judgment:

The High Court dismissed a petition filed for condonation of 50 days delay in filing appeals against the order of Motor Accident Claims Tribunal whereby compensation was awarded to the claimants.

 

The MACT (West Sikkim) had awarded certain amount of compensation to the respondent claimants. The appeal was preferred thereagainst by the petitioner but only after a delay of 50 days. The petitioner filed the instant petition for condonation of such delay citing various reasons. The High Court, however, was not inclined to allow the petition and condone the delay. The High Court referred to the Supreme Court decision in Esha Bhattacharjee v. Raghunathpur Nafar Academy, (2013) 12 SCC 649. The following principles were, inter alia, reiterated by the High Court which is to be kept in mind while deciding a petition for condonation of delay:

 

Court to be satisfied that the appellant was prevented by sufficient cause in preferring the appeal on time.

Appellant had to put forth bona fide grounds for delay besides establishing that the delay was not caused due to negligence.

Length of delay is not a consideration. Each case is distinguishable from the next.

‘Sufficient Cause’ should be given a liberal interpretation to ensure that substantial justice is done.

 

It has to be kept in mind that expiration of period of limitation gives rise to a right in favour of a decree-holder; this right is accrued should not be lightly disturbed.

 

In the instant case, the High Court held that in the gamut of facts and circumstances put forth for the delay, it was but relevant to opine that the petition was filed with a nonchalant attitude reflecting negligence, inaction and lack of bona fides, and being devoid of merits. The petition, thus, did not deserve indulgence of the Court. Consequently, the Court was not inclined to exercise jurisdiction in favour of the petitioner. Accordingly, the petition was dismissed.

Read the Judgment

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