Image: ANI
NEW DELHI: Expressing dismay over the Madhya Pradesh high court order condoning delay of over four years on the state govt’s part to file an appeal, the Supreme Court has said it “wonders” whether the high court was aware about law laid down by the apex court on condonation of delay, and quashed the order.The Limitation Act states that appeals must be filed within specific timeframes, and if not, a petitioner would have to request condonation, or pardon, for the delay before the court concerned in order for the matter to be heard.A bench of Justices J B Pardiwala and Prasanna B Varale asked HC to re-examine the case in light of SC’s recent judgment on pardoning delay and pass a reasoned order. “We are dismayed to say from the tenor of the impugned order that HC condoned the delay of 1,612 days on mere asking without highlighting the sufficient cause that might have been assigned by the state. The law, insofar as limitation and condoning delay is concerned, is well-settled. We wonder if HC is aware of the following decisions of this court — (1) Union of India vs Jahangir Byramji Jeejeebhoy, (2) Shivamma (Dead) By Lrs. vs Karnataka Housing Board,” the bench said in its order.Additional solicitor general Aishwarya Bhati, appearing for the state government, told the bench the delay happened due to the Covid-19 pandemic. However, the bench said HC did not mention any reason for the condoning delay. It said SC, in the recent past, has delivered judgments explaining in what manner the sufficient cause has to be looked into, and the plea for condonation of delay is to be considered.“In such circumstances, referred to above, we set aside the impugned order passed by the HC and remand the matter to the HC for fresh consideration,” the bench said.SC, in its various rulings, had repeatedly held that the state or any of its instrumentalities could not be given preferential treatment for condonation of delay under Section 5 of the Limitation Act.Contrary to SC judgments, HC in its order on Sept 1 said, “It is well settled in law that in the matter of condonation of delay liberal approach has to be adopted by court, therefore, on due consideration of the submissions advanced by learned counsel for the petitioner and the reasons assigned in the application, which is supported by the affidavit interim application is allowed and the delay of 1,612 days is hereby condoned.”The apex court was hearing an appeal against the HC order. The petition, filed through advocate Dushyant Parashar, said the high court passed the order on the basis of the state’s affidavit, which had no explanation for the delay and was only an eyewash, which was accepted by the HC.
