Case Note & Summary
The appellant, Bank of India, filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 579-day delay in filing a commercial appeal against an order dated 09.11.2020. The appellant claimed that after applying for a certified copy on 11.11.2020 and receiving it on 05.12.2020, its advocate prepared a draft appeal which was approved by the bank's legal department. However, the advocate, who was suffering from cancer and became bed-ridden, failed to file the appeal and did not inform the bank. The bank only discovered this in mid-August 2022 and thereafter filed the appeal. The court, comprising Justices K. R. Shriram and Kamal Khata, found that the bank had not exercised due diligence in following up with its advocate for over a year and a half. The court noted that the reasons given in paragraphs 2 to 4 of the application did not constitute 'sufficient cause' for such a long delay. Consequently, the court dismissed the interim application, refusing to condone the delay.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The appellant bank sought condonation of 579 days delay in filing appeal, claiming its advocate was bed-ridden due to cancer and did not inform the bank. The court held that the explanation was not sufficient as the bank failed to exercise due diligence and follow up with the advocate. The delay was not condoned. (Paras 1-4)
Issue of Consideration
Whether the delay of 579 days in filing the appeal should be condoned on the ground that the appellant's advocate was suffering from cancer and bed-ridden, and the appellant was unaware of the non-filing.
Final Decision
Interim Application No. 30326 of 2022 is dismissed. Delay of 579 days not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Negligence of counsel
- Limitation Act
- Section 5
