Synopsis

The appellant (judgment debtor) filed an appeal against a money decree passed on 21st October 2023 with a delay of 101 days in filing and 75 days in re‑filing. The appellant contended that its erstwhile counsel stopped appearing after 30th November 2021 without communicating developments, and that the appellant came to know of the decree only upon receiving execution summons on 10th January 2024. The High Court dismissed the condonation applications, holding that: (i) the explanation was vague and unsupported by material; (ii) a commercial entity engaged in multiple litigations cannot remain unaware of the status of its own case for such a prolonged period; (iii) routine reasons (drafting, procurement of documents, internal processes, registry objections, summer vacations) do not constitute “sufficient cause”; (iv) under the settled law, inordinate and unexplained delay ought not to be condoned, especially in commercial disputes. Consequently, the appeal was also dismissed.

Court: High Court of Delhi

Coram: Honourable Mr. Justice Anil Kshetarpal and Honourable Mr. Justice Amit Mahajan

Date of Judgment: 22nd April 2026

Citation: RFA(COMM) 270/2024 (unreported)

Core Law: Limitation Act, 1963 – Section 5 (condonation of delay); Code of Civil Procedure, 1908 – Section 151 (inherent powers); Commercial Courts Act, 2015 – Section 13(1-A) (limitation for appeal)

2. Legal Framework

Major laws and provisions involved

• Limitation Act, 1963 – Section 5 (condonation of delay on showing sufficient cause)

• Code of Civil Procedure, 1908 – Section 151 (inherent powers)

• Commercial Courts Act, 2015 – Section 13(1-A) (period of limitation for appeals under Commercial Courts Act)

Key legal principles applied

Sufficient cause – burden on applicant: Section 5 of the Limitation Act is to be construed liberally, but the applicant must furnish genuine, bona fide, reasonable cause. The explanation must cover each day of delay from the expiry of the limitation period until the date of actual filing. In commercial disputes, the expression “sufficient cause” is not elastic enough to cover long delays beyond the period provided by the appeal provision.

Delay in commercial matters – strict approach: Appeals under the Commercial Courts Act are governed by strict timelines. A delay beyond the prescribed period (90/30/60 days) is to be condoned only by way of exception, not as a rule. Routine explanations (drafting time

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