Qamar Ahmad and Another Vs the Oriental Insurance Company Ltd. Lko. Thru. Divisional Manager Divisional OFFICE-2 and Others — Allahabad HC (2025) — LawSathi Research

Qamar Ahmad and Another Vs the Oriental Insurance Company Ltd. Lko. Thru. Divisional Manager Divisional OFFICE-2 and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the six-day delay in filing the review application (Civil Misc. Application No.1 of 2025 allowed); the Review Petition itself dismissed, leaving the judgment and order dated 21.10.2024 unreviewed.

Issue for consideration

Whether the six-day delay in filing the review application should be condoned. +1 more

Court's answer

The grounds shown in the affidavit filed in support of Civil Misc. Application No.1 of 2025 were sufficient; the six-day delay in filing the review application stands condoned.

Ratio / Principle

There is no error on the face of the record in the judgment and order dated 21.10.2024 which may call for review of the impugned judgment and order, as no sufficient explanation could have been given for condonation of delay in filing the First Appeal From Order Defective of such a long delay.

Key takeaways

The Review Petition is misconceived and lacks merit.ratio¶15

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH) | Rajnish Kumar, J. | Neutral Citation 2025:AHC-LKO:2895 | Civil Misc. Review Application Defective No. 9 of 2025 (order dated 17.1.2025): Qamar Ahmad & Anr. v. The Oriental Insurance Company Ltd. Review sought of the judgment and order dated 21.10.2024 in C.M.Application No.1 of 2024 (filed with First Appeal From Order Defective No.15 of 2024), which had dismissed condonation of a 4256-day delay in filing the appeal — computed after deducting 716 days from the actual delay of 4972 days in light of the Hon'ble Apex Court's order dated 10.01.2022 passed in suo moto application on account of Covid-19. The six-day delay in filing the review application itself was first condoned (Civil Misc. Application No.1 of 2025 allowed). On the review: held there is no error on the face of the record which may call for review of the impugned judgment and order, since no sufficient explanation could have been given for so long a delay; the Review Petition is misconceived and lacks merit, and is accordingly dismissed.

Neutral Citation No. - 2025:AHC-LKO:2895

Court No. - 4

Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 9 of 2025

Applicant :- Qamar Ahmad And Another Opposite Party :- The Oriental Insurance Company Ltd. Lko. Thru. Divisional Manager Divisional Office-2 And Others Counsel for Applicant :- Manju Singh

Hon'ble Rajnish Kumar,J.

Civil Misc. Application No.1 of 2025

Heard Km.Manju Singh, learned counsel for the review applicant.

The office has reported the delay of 6 days in filing the review application.

On due consideration of the submissions and the grounds shown in the affidavit filed in support of the application the grounds are sufficient to condone the aforesaid delay.

The application is accordingly allowed. The delay in filing the review application is condoned.

In Re;Review Application

Heard.

This Review Petition has been filed for review of the judgment and order dated 21.10.2024 passed in C.M.Application No.1 of 2024 filed alongwith First Appeal From Order Defective No.15 of 2024 for condonation of delay in filing the First Appeal From Order Defective, by means of which the application for condonation of delay in filing the First Appeal From Order Defective has been dismissed as the First Appeal From Order Defective was filed with a delay of 4256 days after deducting 716 days from 4972 days (the actual delay) in the light of the Hon'ble Apex court's order dated 10.01.2022 passed in Suo Moto application on account of Covid-19.

Having considered the submissions of learned counsel for the parties and the judgment passed by this court, this court is of the view that there is no error on the face of records which may call for review of the impugned judgment and order as no sufficient explanation could have been given for condonation of delay in filing the First Appeal From Order Defective of such a

long delay. This Review Petition is misconceived and lacks merit.

The Review Petition is, accordingly, dismissed .

. ...................................... .(Rajnish Kumar,J.) Order Date :- 17.1.2025 Banswar

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench