NIKON ELEVATORS (P) LTD. Vs. C CHANNAKESHAVA

JUDGEMENT

(1.) The present revision petition has been filed challenging the Order dated 10.10.2019 of the State Commission, whereby allowing the appeal of respondent. The impugned Order had been passed by the State Commission in the appeal filed by the complainant/respondent against the Order of the District Forum dated 17.02.2018 whereby his complaint was dismissed.

(2.) It is argued by learned counsel for the petitioner that the delay in filing the revision petition had occurred due to lockdown due to the on-going Pandemic Covid-19 and, therefore, delay is not intentional. It is clear that no such averment has been made by the petitioner in the application. Moreover, the impugned order is dated 10.10.2019, the period of limitation for filing the revision petition had expired on expiry of 90 days i.e. in January, 2020 and at that time there was no Covid-19 Pandemic and no lockdown.

(3.) It is a settled preposition of law that the party to the delay is required to show reasonable and equitable grounds for such delay and the courts/commissions cannot ignore the provision of law only because non-condonation of the delay is going to cause inconvenience to a particular party. Sufficient causes of such nature which prevented the parties from filing the Revision Petition/Appeal within the period of limitation are required to be shown. Parties are also required to show that it had been acting diligently and remained active and the delay had occurred for the reasons which were beyond their control. The Hon'ble Supreme Court in the case of "Ram Lal and Ors. vs. Rewa Coalfields Limited, 1962 AIR(SC) 361" has held that condonation of delay is not a matter of right and the courts can exercise its discretion to condone the delay only where sufficient reasons are shown. The Apex Court has held as under: