Saifi Conveyor System v. Sandeep Gupta

1. There is a delay of 253 days in re-filing of the present appeal. In commercial matters, this Court has held, in Casablanca Apparels Pvt. Ltd. v. Polo/Lauren Company LP[1] that delay in re-filing has also to be properly explained. Besides, in Government of Maharashtra v. Borse Brothers Engineers & Contractors Pvt Ltd[2], the Supreme Court has held that Courts have to adopt an extremely strict approach while dealing with applications for condonation of delay.

2. No doubt, delay in re-filing may be entitled to greater latitude than delay in filing, but there has nonetheless be a semblance of an explanation in the application even for this Court to be expansive in that regard.

3. The only explanation for the delay of 253 days in re-filing the appeal as contained in CM Appl. 35837/2025 is as under:

4. These paragraphs, to our mind, do not make out any case for condonation of delay in re-filing the present appeal within the parameters envisaged by the Supreme Court in its judgment in Borse Brothers. There is no mention of the “certain relevant information” which had to be obtained, or why that took time. The time for obtaining the information is not disclosed. The purported communication with the previous Counsel is not placed on record, nor are its details disclosed. No material, disclosing the final condition of the appellant, is forthcoming. Nor is there any explanation as to why the financial condition of the appellant prevented it from “following up” with the previous Counsel.

5. We, therefore, find no merit in the application for condonation of delay in re-filing the appeal. The application for condonation of delay is, therefore, dismissed.

6. Resultantly, the appeal is also dismissed on the ground of delay without going into merits.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. FEBRUARY 3, 2026