"Can't Help Those Who Are Not Vigilant": Himachal Pradesh High Court Refuses To Condone 11 Years Delay In Filing Appeal

The Himachal Pradesh High Court recently refused to hear an appeal by condoning the delay of approximately 11 years in filing the same. 

"The Court cannot help those who are not vigilant and slumber over their rights for years together," the division bench of Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua remarked.

The Appellant herein was the original writ petitioner. She was aggrieved by the order of a Single Judge which had dismissed her writ petition in January 2011. She filed the instant Letters Patent Appeal in December 2021, which the Court noted was barred by 10 years, 9 months and 12 days.

The Appellant submitted that the delay occurred as she was under a "bonafide impression" that her appeal has been filed.

She submitted that she had engaged a counsel to file the appeal. She remained under a bonafide impression that her appeal had been filed by the said counsel. However, he did not do so. The counsel engaged by her passed away in the year 2017. It was with great difficulty that the applicant retrieved original file from the said counsel's office in the year 2021 whereafter the appeal was preferred.

Findings

The Court noted that the time to file appeal lapsed long ago, whereas the LPA was filed only in December 2021, sans any explanation.

"No explanation much less any cogent one has been advanced for condoning the delay of about 11 years in filing the appeal. Delay defeats equity. The Court cannot help those who are not vigilant and slumber over their rights for years together."

Reliance was placed on Assistant Commissioner (CT) LTU, Kakinada and ors. Vs. M/s Glaxo Smith Kline Consumer Health Care Limited, [2020 (6) Scale 553] where it was held that –