'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

The Andhra Pradesh High Court, while dismissing a condonation of delay application, observed that the strength or weakness of a case cannot justify the delay if the appellant has failed to demonstrate diligence in filing the appeal. Essentially, the respondent had filed a suit against the present appellants for recovery of money. The suit was partly decreed in favour of the respondents. Consequently, the appellants filed the present appeal along with an application to condone the delay of 880 days in filing the same. “Though the counsel for the petitioners/appellants sought to impress upon that they have substantial grounds to succeed in the appeal and, therefore, their right of appeal may not be stifled on technical grounds of delay in filing the appeal, we are afraid, the strength or weakness of the appellants in the appeal itself cannot be a ground to condone the delay, when the appellants failed to show their diligence in filing the appeal on time. The strength of arguable grounds in the appeal may be considered as an additional factor that is not the case here.,” held Justices Ninala Jayasurya and Sumathi Jagadam. The appellants contended that after the judgment, the first respondent came forward for settlement. Further, the matter was placed before elders, however, the respondent did not come forward. Thus, the appellants challenged the judgment. To support their case, they placed reliance on the Supreme Court's decision in Noted Infotech P.Ltd. Vs. Securities & Exchange Board of India, Civil Appeal No.4649 of 2006. Therein, an application to condone the delay was allowed after directing the appellant to deposit a certain amount to the respondent. On the other hand, the respondents submitted that they had never agreed to settle the matter after the decree. Reliance was placed on several judgments including D.Gopinathan Pillai Vs. State of Kerala., 2007 (1) Supreme 510. Therein, the Court had categorically stated that when the delay is not properly, satisfactorily and convincingly explained, the Court cannot condone the delay, only on sympathetic grounds. However, the Court, after perusing the affidavit, pointed out that the appellants have not given a satisfactory explanation for the condonation of delay. It observed that the appellants were not diligent in pursuing their remedies. The Court also categorically said that if a party is not negligent and vigilant then it cannot come to its rescue. “It appears as though the petitioners/appellants were not diligent in pursuing their remedies. Negligence is one factor which comes in the way of the Courts exercising discretion, and the petitioners in the present case, who are not only negligent but also not vigilant, cannot expect the Court to come to their rescue.” Thus, the Court concluded that the appellants have failed to explain the delay satisfactorily, much less with plausible reasons. As a result, the present condonation of delay application as well as the appeal came to be dismissed by the Court. Case Name: M/s Mani Venkata Constructions and Others v. Chakka Rama Krishna and Others., FIRST APPEAL NO: 74/2020 Click Here To Read/Download The Order

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

Gyanvi Khanna

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