Delay even if long can be condoned if there is genuine reason: Delhi High Court

The Delhi High Court recently observed that delays in filing pleadings can be condoned by courts if there is a sufficient reason explaining such delay, irrespective of how long the delay is [NS Interiors Contracts Pvt. Ltd. v. Kohinoor Painting Works].

Justice Manoj Jain explained that the cause of delay is sometimes the more relevant governing factor than the length of the delay

"It need not be reiterated that it is not always the length of the delay which is the governing factor while examining any such plea. It is rather the cause for delay. It is the duty of the Court to see whether the delay falls within the scope, ambit and definition of words 'sufficient cause' or not and if 'sufficient cause' is shown, then irrespective of the length of delay, the same can still be condoned," the Court's October 15 order said.

The Court made the observation while directing a trial court to reconsider an application to condone the delay in filing a written statement in a commercial case pending before it.

This application had earlier been rejected by the trial court on the ground that it did not disclose the "number of days" for which the delay was sought to be condoned.

The trial court had opined that the calculation of days was imperative as each day's delay was supposed to be explained. The High Court, however, found that the trial court's decision to reject the application on this ground may result in extremely harsh consequences.

The High Court opined that instead of dismissing the application, the trial court could have simply granted some time to take corrective measures.

The High Court proceeded to dispose of the plea before it by asking the trial court to consider the application for condonation of delay afresh.

Advocate Abhinav Rathi appeared for the applicant, NS Interiors Contracts Pvt. Ltd.

[Read Order]