Case Note & Summary
The present Writ Petition was filed by the petitioners challenging the judgment and order dated 21.07.2015 passed by the learned Appellate Court in Civil Misc. Application (MCA) No. 28/2014, which dismissed their application for condonation of delay of 2 years and 2 months in filing an application for restoration of appeal. The dispute arose from an underlying civil matter where the petitioners sought restoration of an appeal that had been dismissed. The Appellate Court found that the delay was inordinate and that the petitioners had not provided sufficient cause to condone it. The High Court, after hearing the parties, noted that the Assistant Registrar's report confirmed the maintainability of the writ petition. However, upon examining the merits, the court observed that the delay was substantial and the explanation offered was inadequate. The court emphasized that the discretion to condone delay must be exercised judiciously and that the party seeking condonation must show diligence. Consequently, the High Court dismissed the writ petition, affirming the Appellate Court's order.
Headnote
A) Civil Procedure - Condonation of Delay - Section 5 of Limitation Act, 1963 - Sufficient Cause - The court considered whether the delay of 2 years and 2 months in filing restoration application was sufficiently explained. The Appellate Court dismissed the application finding no sufficient cause. The High Court upheld the dismissal, noting that the petitioners failed to provide a satisfactory explanation for the inordinate delay. (Paras 3-4)
Issue of Consideration
Whether the Appellate Court erred in dismissing the application for condonation of delay of 2 years and 2 months in filing the application for restoration of appeal.
Final Decision
The High Court dismissed the Writ Petition, upholding the Appellate Court's order dated 21.07.2015 rejecting the application for condonation of delay.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- 1963
- Section 5
- Discretion of court
- Delay explained
Case Details
2024 LawText (BOM) (02) 204
Writ Petition No. 386 of 2023
Mr. Ghanshyam Upadhyay a/w Mr. Mubarakka Lokhandwala, Mr. Mohsin Khan, Mr. Umair Ansari and Mr. Vijay Jha for Petitioners; Mr. A.R. Gole for Respondent No. 1
Chandrakant Dattu Mhatre & Ors.
Nandkumar Moreshwar Patil & Ors.
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Nature of Litigation
Civil Writ Petition challenging the dismissal of an application for condonation of delay in filing restoration of appeal.
Remedy Sought
Petitioners sought to challenge the order dated 21.07.2015 passed by the Appellate Court dismissing their application for condonation of delay.
Filing Reason
The petitioners' application for restoration of appeal was delayed by 2 years and 2 months, and the Appellate Court refused to condone the delay.
Previous Decisions
The Appellate Court in MCA No. 28/2014 dismissed the application for condonation of delay on 21.07.2015.
Issues
Whether the Appellate Court erred in dismissing the application for condonation of delay of 2 years and 2 months.
Submissions/Arguments
Petitioners argued that the delay was not intentional and should be condoned.
Respondent No. 1 opposed the condonation, stating that the delay was inordinate and unexplained.
Ratio Decidendi
The discretion to condone delay under Section 5 of the Limitation Act, 1963 must be exercised judiciously, and the party seeking condonation must provide a sufficient cause for the entire period of delay. In this case, the delay of 2 years and 2 months was not satisfactorily explained, and therefore the Appellate Court's refusal to condone the delay was justified.
Judgment Excerpts
Report dated 26.02.2024 filed by the Assistant Registrar, Civil Writ Petition Department states that the present Writ Petition is maintainable and rejects the contention raised by Respondents that the impugned order is to be challenged in Appeal from Order only.
Present Writ Petition takes exception to the judgment & order dated 21.07.2015 passed by the learned Appellate Court in Civil Misc. Application (MCA) No. 28/2014 dismissing Application for condonation of delay of 2 years and 2 months in filing Application for restoration of Appeal.
Procedural History
The petitioners filed an application for restoration of appeal which was delayed by 2 years and 2 months. The Appellate Court dismissed the application for condonation of delay on 21.07.2015. The petitioners then filed the present Writ Petition in 2023 challenging that order. The High Court heard the matter and dismissed the writ petition on 27.02.2024.
Acts & Sections
- Limitation Act, 1963: Section 5
