The Senior Branch Manager vs. Thangaraj

Facts

The petitioner, the Senior Branch Manager of United India Insurance Company Limited, filed a petition to condone a delay of 399 days in re-presenting an appeal (CMA(MD) SR No. 61849 of 2025). The original appeal was filed with a delay of 519 days. After the Registry raised queries, the papers were returned. The petitioner's counsel assigned the delay in re-presentation to the case file getting mixed up with other files. The petitioner is an insurance company. The court considered the reason provided for the delay.

Held

The Court decided to condone the delay of 399 days in re-presenting the appeal. The reasoning was based on the explanation provided by the petitioner, which attributed the delay to the case file being mixed up with other files in the counsel's office. The Court found this reason acceptable for condoning the delay. The ratio decidendi is that administrative oversights, such as file mix-ups, can be grounds for condoning delays in procedural matters, provided a reasonable explanation is offered. The operative direction was to condone the delay subject to the payment of costs. The petitioner was ordered to pay Rs. 1,500/- to a specific bank account by 15.10.2026, with proof of payment to be submitted on 16.10.2026. The matter was listed for reporting compliance on 16.10.2026. No issues were expressly left undecided.

Key Issues

1. Whether the delay of 399 days in re-presenting the appeal should be condoned, considering the reason provided by the petitioner. The petitioner argued that the delay was due to administrative oversight, specifically the mixing of case files with other matters in their counsel's office. They sought condonation of this delay to allow their appeal to be heard on merits. The revenue or State's arguments are not recorded in the judgment.