Facts: The applicant, M/s. Abbee Consumables and Peripherals Sshope Ltd, sought to challenge a summary suit decree dated 8 January 2018, which directed them to pay Rs.15,25,000/- with 18% interest. The appeal was filed on 8 April 2021, resulting in a delay of approximately 3 years and 60 days. To explain "sufficient cause", the applicant cited the medical condition of a director during 2015-2016, income tax litigations between 2017-2019, medical issues of directors post-March 2019, and the COVID-19 pandemic. The applicant only moved the High Court after receiving execution summons in January 2021.
Procedural Posture: The matter came before the Bombay High Court as a First Appeal accompanied by interim applications seeking condonation of delay in filing the said appeal against the City Civil Court's decree.
Issue: Whether the applicant demonstrated "sufficient cause" under the law of limitation to warrant the condonation of a 3-year delay in filing the first appeal.
Holding: No, the application for condonation of delay was dismissed, and consequently, the first appeal and stay application were also dismissed.
Reasoning: The Court reasoned that the applicant failed to provide a continuous and logical explanation for the delay. The medical reasons cited for 2015-2016 predated the impugned order, and those cited post-March 2019 occurred after the limitation period had already expired. Crucially, the applicant was actively pursuing income tax remedies in 2017 and 2019, proving they were capable of litigating. Regarding the COVID-19 pandemic, the Court noted that the Supreme Court's extension of limitation does not apply to cases where the limitation had already expired before March 2020. The Court observed that filing an appeal only upon the commencement of execution proceedings is a tactic to frustrate a successful decree-holder and does not constitute "sufficient cause".