One Would Not Lie That His Nine-Month-Old Baby Was Seriously Ill To Save Period Of Limitation: Kerala HC While Allowing Condonation Of 25 Days In Commercial Suit
The Kerala High Court has allowed an Application seeking condonation of a delay of 25 days on the grounds that the nine-month-old baby of the Appellant was sick.
The Court emphasized the importance of speedy disposal of commercial disputes and reiterated that an application for condonation of delay should be allowed after careful consideration and not in a haphazard manner.
The Bench comparison Justice Anil K. Narendran and Justice Sophy Thomas observed, “The additional affidavit coupled with Annexure A1 discharge summary of a nine month old baby of the appellant during the relevant period, reasonably justifies the delay. That document is not seriously disputed by the respondents. Moreover, in normal human parlance, one may not tell a lie that his nine month old baby was seriously ill, in order to save the period of limitation. The respondents have no case that they had lost anything acquired in equity and justice due to the inaction or laches from the part of the appellant”.
Advocate P. Sanjay appeared for the Appellant and Senior Advocate S. Sreekumar appeared for the Respondent.
The Appellant was the Defendant in a Commercial suit for recovery of money based on a contract between the parties for the supply of raw cashew nuts. The Commercial Courts decreed the suit in favor of the Respondent. The Appellant applied for a certified copy of the judgment on March 4, 2023, the stamp paper was called on May 20, 2023, and a copy was delivered on the same day. So Appeal ought to have been filed on or before July 20, 203. An Application was filed before the Court under Section 5 of the Limitation Act (Act) seeking condonation of delay of 25 days in filing an appeal.
The Court emphasized the importance of speedy disposal of commercial disputes and the principle that adjudication of a lis on merits is essential to the justice dispensation system. The Court observed that the delay by the Appellant in filing the appeal was due to the serious illness of their nine-month-old baby.
“In the case on hand, the delay occurred is 25 days. As held by the Apex Court in Esha Bhattacharjee [(2013) 12 SCC 649], an application for condonation of delay should be drafted with careful concern and not in a haphazard manner harbouring the notion that the courts are required to condone delay on the bedrock of the principle that adjudication of a lis on merits is seminal to justice dispensation system”, the Bench noted.
Accordingly, the Court allowed the Application.
Cause Title: Muhammedshafeek v M/S. Tasty Nut Industries
