2011 (1) TMI 313 - SC - Indian Laws

Condonation of delay - It is true that technically the Division Bench was not bound to accept the period in respect of which delay in filing the review petition had been condoned by the learned single Judge, as a period in regard to which sufficient cause was made out for condoning the delay, while considering the question of delay, in filing the writ appeal - Of course, the position would be different if the Division Bench had found that filing of the review petition was not for bona fide reasons or there were other reasons to suspect the bona fides of the appellant - Delay is condoned

Summary

Issues: Delay in filing review petition, delay in filing writ appeal, condonation of delay

In this case, the main issue revolves around the delay in filing the review petition and the subsequent delay in filing the writ appeal. The appellants filed a review petition against a learned Single Judge's order, which was ultimately dismissed after a delay of 305 days. The appellants then filed a writ appeal against the original order, but the Division Bench of the High Court dismissed it due to a delay of 342 days in filing the writ appeal. The contention was raised that the period spent on the review petition should have been excluded while considering the delay in filing the writ appeal. The Division Bench rejected this argument, leading to the appeal to the Supreme Court.

The Supreme Court analyzed the situation and acknowledged that technically, the Division Bench was not obligated to consider the period during which the delay in filing the review petition was condoned as a valid explanation for the delay in filing the writ appeal. However, the Court emphasized that if the delay in filing the review petition had been condoned and the review petition was pursued genuinely, the entire period until the review petition's dismissal should have been treated as satisfactorily explained. The Court highlighted that unless there were reasons to doubt the appellant's bona fides, the delay should have been condoned. The Court noted that the delay should have been excused, considering the circumstances of the case, and directed the High Court to proceed with the writ appeal promptly.

Ultimately, the Supreme Court allowed the appeals, overturned the Division Bench's order, reinstated the writ appeal, condoned the delay in filing the appeal, and instructed the High Court to adjudicate on the writ appeal's merits without further delay.