Court Not Obliged To Consider Merits Of An Appeal Which Is Barred By Limitation & No Plausible Cause For Delay Is Shown: Supreme Court

The Supreme Court observed that a court has no obligation to consider the merits of an appeal which is barred by limitation and no plausible cause for delay is shown.The bench also observed that the law of limitation binds everybody including the Government and a different yardstick for condonation of delay cannot be laid down because the government is involved.In this case, the High Court. A different yardstick for condonation of delay cannot be laid down because the government is involved Though the bench agreed with the contention that the High Court erred in holding that delay beyond 120 days in filing an appeal under Section 37 of the Arbitration and Conciliation Act was not condonable, it dismissed the Special Leave Petition observing that the petitioners have failed to show sufficient cause for the condonation of the inordinate delay. Case details State of Uttar Pradesh vs Satish Chand Shivhare and Brothers | 2022 LiveLaw 430 | SLP 5301 OF 2022 | 4 April 2022 Coram: Justices Indira Banerjee and AS Bopanna Counsel: Sr. Adv Rana Mukherjee for petitioner, Adv Sumant Bharadwaj for respondent Headnotes Arbitration and Conciliation Act, 1996; Section 37 - Limitation Act, 1963 ; Section 3,5 - The right of appeal is a statutory right, subject to the laws of limitation. Limitation Act, 1963 ; Section 3,5 - The Court considering an application under Section 5 of the Limitation Act may also look into the prima facie merits of an appeal - A liberal approach, may adopted when some plausible cause for delay is shown - When consideration of an appeal on merits is pitted against the rejection of a meritorious claim on the technical ground of the bar of limitation, the Courts lean towards consideration on merits by adopting a liberal approach towards 'sufficient cause' to condone the delay - Liberal approach does not mean that an appeal should be allowed even if the cause for delay shown is glimsy - The Court should not waive limitation for all practical purposes by condoning inordinate delay caused by a tardy lackadaisical negligent manner of functioning.