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TMI Blog2024 (11) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... he application, it was pleaded by the RP that due to health ailments, he was unable to seek timely legal advice in filing the Appeal and further it is stated in paragraph (ii) (e) that one of the annexures filed in the Company Petition No.696 of 2020 was dim and an endeavour was taken to file clear and legible copy, for which certain time was taken. There are sufficient cause has been shown for condonation of five days delay in filing of the Appeal. Delay condonation application allowed. - [Justice Ashok Bhushan] Chairperson , [Barun Mitra] Member (Technical) And [Arun Baroka] Member (Technical) For the Applicant : Mr. Aniruth Purusothaman, Advocate For the Respondents : Mr. Jagdev Singh and Mr. Sachin Saini, Advocates JUDGMENT ASHOK BHUS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments as mentioned in paragraph no.7.13 in the present appeal. iii. However, I could not find a clear/legible copy of the bank statement. iv. Hence, the delay in filing the present appeal is partly due to the time taken to search for legible/clear copy of the bank statement. 2. Notices were issued on the delay condonation application vide order dated 04.03.2024. Reply has been filed by the Respondent, opposing the delay condonation application. 3. It is submitted by the Respondent that the Courts must decide the application seeking condonation of delay within the parameters laid down by the Hon ble Supreme Court of India. It is submitted that Applicant in the present application has nowhere mentioned good and sufficient/ justifiable cause, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on ble Supreme Court in Pathupati Subba Reddy (Died) by LRs Ors. vs. The Special Deputy Collector (LA) (2024) 4 S.C.R. 241, relied by learned Counsel for the Respondent was a case where the Hon ble Supreme Court had occasion to consider the expression sufficient cause occurring in Section 5 of the Limitation Act, 1963. In the above case, after lapse of 5/6 years, an Appeal was proposed to be filed in the High Court under Section 54 of the Land Acquisition Act challenging an Award given by the Deputy Collector Land Acquisition. While dealing with Section 5 of the Limitation Act, following was laid down in paragraphs 12 and 13: 12. In view of the above provision, the appeal which is preferred after the expiry of the limitation is liable to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing appeals and rather follow a pragmatic line to advance substantial justice. 6. In paragraph 16, the Hon ble Court reiterated that a liberal approach should be adopted in condoning the delay, if there is sufficient cause. Paragraph 16 of the order is as follows: 16. Generally, the courts have adopted a very liberal approach in construing the phrase sufficient cause used in Section 5 of the Limitation Act in order to condone the delay to enable the courts to do substantial justice and to apply law in a meaningful manner which subserves the ends of justice. In Collector, Land Acquisition, Anantnag and Ors. vs. Katiji and Ors., this Court in advocating the liberal approach in condoning the delay for sufficient cause held that ordinarily a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... second Appeal. In the facts of the above case, the Hon ble Supreme Court held that there was no sufficient cause for condonation of delay. In paragraph 6.2 of the judgment, following was held: 6.2 We have gone through the averments in the application for the condonation of delay. There is no sufficient explanation for the period from 15.03.2017 till the Second Appeal was preferred in the year 2021. In the application seeking condonation of delay it was stated that she is aged 45 years and was looking after the entire litigation and that she was suffering from health issues and she had fallen sick from 01.01.2017 to 15.03.2017 and she was advised to take bed rest for the said period. However, there is no explanation for the period after 15.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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