2022 (9) TMI 2 - HC - Indian Laws

Condonation of delay in filing appeal - exclusion of the period from 15.03.2020 to 28.02.2022 - time limitation - HELD THAT - In view of the order of the Hon ble Supreme Court in IN RE COGNIZANCE FOR EXTENSION OF LIMITATION 2021 (3) TMI 497 - SC ORDER , the appellant is entitled to exclusion of the period from 15th of March, 2020 to 14th of March, 2021 in computing the period of limitation and thereafter further 90 days limitation from 15th of March, 2021 - In the present case, after filing the application for condonation of delay, a supplementary affidavit has also been filed with additional documents to explain the delay. A perusal of GA 1 of 2021 and also the supplementary affidavit reveals that the copy of the order of the learned Single Judge was received by the appellant on 18.04.2019 and the same was placed before the Regional Manager and a prompt decision was also taken to prefer an appeal and the communication dated 6th of May, 2019 was sent by the applicant to the advocate making a request to file the appeal against the order of the learned Single Judge but thereafter the appeal was not filed within time and the same was filed on 16th of July, 2021 - It is settled position of law that a party cannot be made to suffer on account of the fault or lapses committed by the advocate. There was no negligence or lapse on the part of the appellant and the appellant had taken proper and prompt steps for filing the appeal and the appellant issued instruction to the learned advocate to file the appeal within time - It is settled position of law that application for condonation of delay is required to be considered liberally. Since, in the present case, it is found that sufficient explanation has been furnished for the delay and the delay is not attributable to the appellant, therefore, it is deemed proper to allow application and condone the delay in filing the appeal. The delay is condoned - application allowed.

Summary

Issues: Application for condonation of delay in filing an intra-court appeal.

Analysis:
1. The application before the High Court was for condonation of delay in filing an intra-court appeal. The delay in filing the appeal was 766 days, from 11th April, 2019, when the order was passed by the Single Judge, to 16th July, 2021, when the appeal was filed.

2. The appellant's counsel argued that as per a judgment of the Supreme Court, they were entitled to exclude the period from 15th March 2020 to 28th February 2022. The delay was attributed to the illness of the advocate representing the appellant during the relevant period.

3. The respondent opposed the prayer for condonation, alleging that the advocate's illness was falsely claimed and that the delay was unreasonable, especially considering the advocate's involvement in other legal proceedings during the same period.

4. The High Court heard arguments from both parties and examined the records presented before them.

5. Referring to a Supreme Court order dated 8th March 2021, the High Court determined that the appellant was entitled to exclude the period from 15th March 2020 to 14th March 2021 for computing the limitation period, with an additional 90 days from 15th March 2021. The appellant had also submitted a supplementary affidavit with additional documents to explain the delay.

6. Upon reviewing the documents, the Court noted that the appellant had promptly taken steps after receiving the order from the Single Judge in April 2019. The appellant had instructed the advocate to file the appeal, but it was not done within the stipulated time. Medical prescriptions were presented to support the advocate's illness claim, despite some prescriptions being old.

7. The Court reiterated the appellant's entitlement to exclude specific periods as per the Supreme Court's order, extending the limitation period accordingly.

8. The Court found no negligence on the part of the appellant, as they had taken prompt steps to file the appeal and issued instructions to the advocate accordingly. The fact that the advocate was involved in another matter during the delay period was not sufficient to dismiss the appellant's explanation.

9. Emphasizing the need for a liberal approach in considering applications for condonation of delay, the Court concluded that the appellant had provided a satisfactory explanation for the delay, which was not attributable to them. Consequently, the Court allowed the application and condoned the delay in filing the appeal.

10. The Court scheduled the next hearing for 9th September 2022.