In a recent legal case, an important judgment was delivered by the NCDRC regarding the condonation of delay in filing legal documents. The court’s analysis on the application for condonation of delay before a specific judgment is a significant step towards ensuring fair treatment in legal proceedings. Let’s delve into the details of this insightful decision.
Facts
- The appellants filed their reply with a delay of 7 days beyond the allowed time period of 45 days.
- Both parties have requested condonation of the 7-day delay, which was previously rejected by the NCDRC.
- The respondent filed a claim for medical negligence against the appellants, Dr. A. Suresh Kumar and others.
- The NCDRC rejected the application for condonation of delay in filing the written statement based on the judgment in the New India Assurance Company Limited case.
- The New India Assurance Company Limited judgment stated that the 45-day delay period cannot be condoned by the NCDRC, but it was meant to operate prospectively.
- In the present case, the written statement was filed with an application for condonation of a 7-day delay before the judgment was delivered on 04.03.2020.
- The application for condonation of delay should have been considered on merits and not dismissed based on the judgment, as it was filed prior to the judgment date.
- The impugned order of the NCDRC was set aside.
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Decision
- The delay of 7 days in filing the reply by the appellants before NCDRC has been condoned.
- Cost of Rs.25,000/- to be paid by the appellants to the respondent within 15 days.
- On payment of the cost, the written statement shall be accepted by the NCDRC.
- NCDRC will make every effort to decide the complaint filed by the respondent expeditiously, preferably within six months.
- The appeal is allowed with the above observations.
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Case Title: DR. A SURESH KUMAR Vs. AMIT AGARWAL (2021 INSC 325)
Case Number: C.A. No.-000988 / 2021
