Court Withdraws Earlier Allegation Against Previous Counsel, Emphasizes Justice-Oriented Approach While Condoning Delay in National Insurance Co. Case
In a recent judgment dated October 8, 2026, the Sikkim High Court, presided over by Justice Bhaskar Raj Pradhan, allowed an application for condonation of delay of 223 days in filing a revision petition by the Branch Manager of National Insurance Company Limited. The court, while condoning the delay, imposed a cost of Rs. 50,000 on the applicant to be paid to the Sikkim State Legal Services Authority for the rehabilitation of victims under the Protection of Children from Sexual Offences (POCSO) Act.
The case arose when the applicant sought to file a revision petition against an order dated August 30, 2025, but was delayed by over seven months. Initially, the delay was attributed partly to the ill-health of the previous counsel. However, following court directions, the applicant filed an affidavit clarifying that the earlier allegation against the previous counsel, Shri Sailesh Rai, was based on a miscommunication and was withdrawn with an unconditional apology. The court condemned the act of blaming a previous counsel without proper verification as serious and urged litigants to exercise due diligence.
The explanation offered for the delay by the present counsel cited the late receipt of certified copies of the trial court record and impugned order in December 2025 and the need for detailed examination of the tax matter involved. Further, the applicant stated that officers responsible for verifying and approving the draft revision petition were on deputation for Special Intensive Revision (SIR) duty in West Bengal, causing additional delay of 50 to 60 days. However, the court found these reasons lacking in material particulars and evidentiary support, reflecting lethargy and failure on the applicant's part.
Despite these shortcomings, the court adopted a justice-oriented approach, emphasizing that pedantic rigidity in condoning delay is undesirable. It noted the importance of deciding cases on merits rather than technicalities and thus allowed the condonation application. Recognizing the need to balance fairness with accountability, the court imposed a cost of Rs. 50,000, mandating its payment within two weeks for the welfare of POCSO victims of sexual assault in Sikkim. The applicant was also directed to file a compliance affidavit on payment.
This judgment underscores the judiciary's commitment to ensuring access to justice while maintaining ethical standards in litigation. It serves as a reminder to litigants and their counsel to act responsibly and timely while also highlighting the court's sensitivity towards social causes like victim rehabilitation under the POCSO framework.
Bottom Line:
Limitation - Condonation of delay - Though explanation for 223 days' delay was deficient and earlier plea blaming previous counsel was withdrawn as incorrect, delay was condoned by adopting justice oriented approach, subject to payment of costs of Rs. 50,000/- to Sikkim State Legal Services Authority for rehabilitation of POCSO victims.
Statutory provision(s):
Limitation Act, 1963 (principles of condonation of delay)
