SC expresses displeasure over MP HC condoning state's delay of 1,612 days in filing petition

New Delhi, Dec 15 (PTI) The Supreme Court has expressed its displeasure over the Madhya Pradesh High Court condoning a 1,612-day delay on the part of the state government in filing a petition in a civil dispute, saying it wonders whether the court was aware of earlier verdicts on the issue.

A bench of Justices J B Pardiwala and P B Varale noted that on September 1, the high court condoned the delay without even asking the state government.

"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," it said in its December 5 order.

Referring to earlier verdicts of the court on condonation of delay, the bench said the law, so far as limitation and condoning delay is concerned, is well-settled and asked whether the high court was aware of those judgments.

"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.

"In the recent past, this court has delivered judgments explaining in what manner the sufficient cause has to be looked into and the plea for condonation of delay is to be considered," it said.

Additional Solicitor General Aishwarya Bhatti, appearing for the Madhya Pradesh government, said that the delay was due to the COVID-19 pandemic.

The bench said no such reason was attributed to the delay in the September 1 order of the court.

"In such circumstances, referred to above, we set aside the impugned order passed by the high court and remand the matter to the high court for fresh consideration of the intervention application for condonation of delay," the bench said, adding that the high court shall hear the parties once again and pass a fresh order in accordance with law.

The top court disposed of the matter. PTI MNL MNL KSS KSS