Condonation of delay in filing appeal
This query is : Resolved
07 May 2022
As per the order of the Honourable Supreme Court, any appeal due for filing between 15.03.2020 and 28.02.2022 may be filed within 90 days from 01.03.2022. My query is whether in such as case, the appellant is required to file an application for condonation of delay. If yes, whether an affidavit is also required to be filed. Kindly guide.
06 July 2024
In cases where there is a specific order from the Honourable Supreme Court allowing a relaxation for filing appeals due between certain dates, such as the period from 15.03.2020 to 28.02.2022, appellants typically need to adhere to the following guidelines:
1. **Filing Appeal**: The appellant should file the appeal within the extended period granted by the Supreme Court, which in this case is within 90 days from 01.03.2022.
2. **Condonation of Delay**: Generally, if there was a delay in filing the appeal beyond the original deadline (due to the period specified in the Supreme Court's order), the appellant may still need to file an application for condonation of delay. This application seeks permission from the court to accept the appeal despite the delay.
3. **Affidavit Requirement**: Yes, typically, along with the application for condonation of delay, an affidavit explaining the reasons for the delay is required. This affidavit should detail the circumstances that led to the delay and provide any supporting documents or evidence.
4. **Compliance with Court Orders**: It's crucial to strictly adhere to the timelines and procedures specified by the Supreme Court's order and any subsequent directions from the court registry regarding the filing of appeals and applications.
5. **Legal Advice**: Given the specific nature of Supreme Court orders and procedural requirements, it's advisable to seek guidance from a legal professional or advocate who specializes in appellate matters. They can provide tailored advice based on the specific circumstances of the case and ensure compliance with all legal formalities.
By following these steps diligently, the appellant can effectively navigate the process and maximize the chances of their appeal being considered by the court despite any initial delay in filing.
1. **Filing Appeal**: The appellant should file the appeal within the extended period granted by the Supreme Court, which in this case is within 90 days from 01.03.2022.
2. **Condonation of Delay**: Generally, if there was a delay in filing the appeal beyond the original deadline (due to the period specified in the Supreme Court's order), the appellant may still need to file an application for condonation of delay. This application seeks permission from the court to accept the appeal despite the delay.
3. **Affidavit Requirement**: Yes, typically, along with the application for condonation of delay, an affidavit explaining the reasons for the delay is required. This affidavit should detail the circumstances that led to the delay and provide any supporting documents or evidence.
4. **Compliance with Court Orders**: It's crucial to strictly adhere to the timelines and procedures specified by the Supreme Court's order and any subsequent directions from the court registry regarding the filing of appeals and applications.
5. **Legal Advice**: Given the specific nature of Supreme Court orders and procedural requirements, it's advisable to seek guidance from a legal professional or advocate who specializes in appellate matters. They can provide tailored advice based on the specific circumstances of the case and ensure compliance with all legal formalities.
By following these steps diligently, the appellant can effectively navigate the process and maximize the chances of their appeal being considered by the court despite any initial delay in filing.
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