M/S Shreya Industries v. M/S Asp Sealing Products Ltd.
Case brief
What is this about?
Delhi High Court, RFA 395/2026 & CM APPL. 26496/2026 (stay), decided 22.04.2026 by Justice Neena Bansal Krishna. M/s Shreya Industries (Appellant, through Mr. Mukesh Kumar Singh, Advocate) vs M/s ASP Sealing Products Ltd (Respondent, unrepresented). Appeal against judgment/decree dated 04.10.2021 decreeing suit for Rs.14,56,046/- with pendente lite and future interest @9% p.a. Delay-condonation application (CM APPL.26497/2026) under Section 5 Limitation Act read with Section 151 CPC for 1558 days' delay blamed on previous counsel's misrepresentation; held insufficient — no explanation of when the appellant learnt no appeal was filed; application and appeal dismissed. Keywords: condonation of delay, sufficient cause, Section 5 Limitation Act, Section 151 CPC, 1558 days, negligence of counsel, money decree appeal.
What did the court decide?
The condonation application discloses no sufficient cause for the 1558-day delay: even if all averments in the application were accepted, there is no reason, let alone sufficient reason, entitling the Appellant to condonation; further, there is not a whisper in the application as to how or when the Appellant finally came to know that no appeal had in fact been filed by the earlier counsel, and it was incomprehensible that the Appellant accepted for years that an appeal was pending when no orders or dates were ever communicated.