Case Note & Summary
The dispute involved an application seeking condonation of delay of 3 years and 60 days in filing a first appeal against a decree, judgment and order dated 8 January 2018 passed by the City Civil Court, Mumbai in Summary Suit No.1467 of 2017. The original defendants were directed to pay Rs.15,25,000/- to the plaintiff along with interest at 18% on the principal amount of Rs.10 lakhs. The appeal was required to be filed within 30 days under Section 15 of the Bombay City Civil Court Act, 1948, by 8 February 2018, or by 16 May 2018 if considering the date of obtaining certified copy, but was filed only on 8 April 2021. The appellant relied on medical conditions of directors, income tax proceedings, and the COVID-19 pandemic to explain the delay. The court examined the application paragraphs and found that medical reasons covered periods before 2018 and after March 2019, with no explanation for the critical period from January 2018 to March 2019 when limitation was operational. The court noted that the appellant pursued income tax proceedings in 2017 and 2019 but failed to explain why the civil appeal could not be filed timely. The COVID-19 pandemic reason was rejected as limitation had expired before March 2020. The court observed that filing appeal only after receiving execution summons in January 2021 was a tactic to frustrate decree implementation. The court concluded no sufficient cause was shown for the delay and dismissed the condonation application, resulting in dismissal of the first appeal and the stay application.
Headnote
A) Civil Procedure - Limitation and Delay Condonation - Sufficient Cause Requirement - Bombay City Civil Court Act, 1948, Section 15 - Appellant sought condonation of 3-year delay in filing appeal against summary suit decree - Court found no explanation for period January 2018 to March 2019 when limitation was operational - Medical reasons cited were for periods before and after limitation period, not during critical period - Held that no sufficient cause shown to exercise discretion for condonation (Paras 1-13). B) Civil Procedure - Delay Condonation - COVID-19 Pandemic Limitation Extension - Supreme Court Clarification - Appellant cited COVID-19 pandemic as reason for delay - Court noted Supreme Court clarification that COVID-19 reason cannot be taken where limitation period expired before March 2020 - Since limitation expired in 2018, COVID-19 period from March 2020 could not be considered for explaining delay (Para 10). C) Civil Procedure - Delay Condonation - Litigation Tactics and Decree Implementation - Appellant filed appeal only after receiving execution summons in January 2021 - Court observed this was tactic to frustrate successful decree holder's recovery efforts - Such course of action without sufficient cause should not be encouraged as it denies fruits of decree to successful litigant (Para 11).
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Issue of Consideration: Whether the appellant showed sufficient cause for condonation of delay of 3 years and 60 days in filing the first appeal against the decree, judgment and order dated 8 January 2018 passed by the City Civil Court, Mumbai in Summary Suit No.1467 of 2017
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Final Decision
Interim Application for delay condonation dismissed. Consequently, First Appeal also stands dismissed and Interim Application for stay of the impugned order does not survive.
