Sikkim High Court Condones National Insurance Company's 223-Day Delay In Filing Revision, Imposes ₹50K Cost For Incorrectly Blaming Counsel
The Sikkim High Court has condoned a delay of 223 days by National Insurance Company Limited in filing a revision petition, observing that a justice-oriented approach should be adopted while considering applications for condonation of delay.
However, the Court imposed costs of ₹50,000 on the insurance company for incorrectly attributing the delay to the ill-health of its previous counsel without proper verification.
Justice Bhaskar Raj Pradhan stated that: “Blaming a counsel who was previously engaged without a proper verification on the part of the applicant is a serious matter. This was incorrect and not appreciated. It should be avoided.”
The matter arose from a revision petition filed by National Insurance Company Limited challenging an order dated August 30, 2025.
The company filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 223-day delay in filing the revision.
It attributed the delay partly to the alleged ill-health of its previous counsel, the time taken by the present counsel to examine the case records, and the deputation of its officers for Special Intensive Revision (SIR) duties in West Bengal.
Subsequently, the company withdrew its allegation against the previous counsel, admitting that it had been made due to a communication gap.
The Sikkim High Court observed that the insurance company's explanation for the 223-day delay was unsatisfactory, particularly after it withdrew the allegation regarding its previous counsel's ill-health. It held that blaming a previously engaged counsel without proper verification was a serious matter.
The Court also noted that the company's claim regarding its officers' engagement in SIR duties lacked supporting documents. However, adopting a justice-oriented approach, the Court decided to condone the delay to allow the revision petition to be heard on merits.
It accordingly allowed the application subject to payment of ₹50,000 as costs to the Sikkim State Legal Services Authority for the rehabilitation of POCSO victims of sexual assault.
Date of Decision: 08.10.2026