Negligence Not Bona Fide: Himachal Pradesh High Court Rejects Plea To Extend Time For Depositing Deficient Court Fee

The Himachal Pradesh High Court dismissed a petition filed by Satish Kumar, refusing to interfere with the Trial Court's order which denied extension of time for depositing deficient court fee in a decree for specific performance. The Court held that the petitioner failed to establish bona fide reasons or absence of negligence and therefore did not deserve discretionary relief under Article 227 of the Constitution of India. Justice Ajay Mohan Goel remarked that:“ Along-with the application, no document has been appended or was appended to demonstrate that indeed the petitioner had gone for a pilgrimage of two months… and that after coming back, he suffered viral infection, cough and fever… these bald assertions made in the application, are not supported by any document on record.” In 2023, the trial court decreed a suit for possession by way of specific performance in favour of the petitioner and the petitioner was directed to deposit the deficient court fee within 30 days. However, the petitioner failed to comply with this direction and later sought extension of time on the ground that he had gone on a pilgrimage of two months… and after coming back from the pilgrimage, he suffered viral infection, cough and fever. The Court observed that the reasons by the petitioner were merely bald assertions and were not supported by any documentary material and such unsupported pleas could not justify extension of time.Further the court noted that when certified copy of the judgement was prepared, there was sufficient time to comply with the direction to deposit court fee, yet no steps were taken.Thus, the High Court dismissed the petition and concurred with the findings of Trial Court that “the application… though contains a story but the same is not substantiated by any document on record and this demonstrates that indeed there was negligence on the part of the petitioner…”Case Name: Satish Kumar v/s Gurdial SinghCase No.: CMPMO No.618 of 2025Date of Decision: 17.11.2025For the Petitioner: Mr.Munish Datwalia, AdvocateFor the Respondent: Ms. Tanu Sharma, AdvocateClick Here To Read/Download Order

Negligence Not Bona Fide: Himachal Pradesh High Court Rejects Plea To Extend Time For Depositing Deficient Court Fee

Mehak Aggarwal

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