The Supreme Court has expressed strong displeasure over the Madhya Pradesh High Court’s decision to condone a delay of 1,612 days by the state government in filing a petition in a civil dispute, observing that the delay was condoned “on mere asking” without any discussion of sufficient cause.
A Bench of Justices J.B. Pardiwala and P.B. Varale, in an order dated December 5, set aside the High Court’s September 1 order and remanded the matter for fresh consideration, directing the High Court to hear the parties again and pass a reasoned order in accordance with law.
The Bench noted that the High Court had condoned the extraordinary delay without even examining the reasons offered by the state government. Expressing dismay, the Supreme Court said:
“We are dismayed to say from the tenor of the impugned order that the High Court condoned the delay of 1,612 days on mere asking without highlighting the sufficient cause that might have been assigned by the State.”
The Court further questioned whether the High Court was mindful of binding precedents governing condonation of delay, stressing that the legal position on limitation is well settled.
“The law, in so far as limitation and condoning delay is concerned, is well-settled. We wonder if the High Court is aware of the following decisions of this Court: Union of India versus Jahangir Byramji Jeejeebhoy, Shivamma (Dead) by Lrs v Karnataka Housing Board & Ors.”
The Bench also noted that in recent judgments, the Supreme Court has clearly explained how courts must assess “sufficient cause” while considering applications for condonation of delay.
Appearing for the Madhya Pradesh government, Additional Solicitor General Aishwarya Bhatti submitted that the delay was attributable to the COVID-19 pandemic.
However, the Supreme Court pointed out that no such reason was reflected in the High Court’s September 1 order condoning the delay.
In view of these circumstances, the Bench held that the High Court’s order could not be sustained. It accordingly set aside the impugned order and remanded the matter to the Madhya Pradesh High Court for fresh consideration of the application seeking condonation of delay.
The Supreme Court directed that the High Court shall hear the parties afresh and pass a reasoned order in accordance with law. With these directions, the top court disposed of the matter.
