Chhattisgarh High Court

Failure to provide satisfactory day-to-day explanation for delay renders a belated appeal liable to dismissal.

SOUTH EASTERN COALFIELDS LIMITED, vs SUMITA

Chhattisgarh High CourtJUDGMENT: April 10, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Appellants (South Eastern Coalfields Limited) filed an intra-court appeal challenging the order dated December 2, 2025, passed by a Single Judge in WPS No. 13499 of 2025, which had disposed of a writ petition filed by Respondents No. 1 to 3

Source reference: para. 2

The appeal was filed with a delay of 37 days beyond the prescribed limitation period

Source reference: para. 3

Along with the appeal, the Appellants filed an application (I.A. No. 1) seeking condonation of this delay

Source reference: para. 3
02

Issues

1. Whether the delay of 37 days in filing the writ appeal should be condoned in the absence of a day-to-day explanation

Source reference: para. 4

2. Whether the appeal is liable to be entertained despite being barred by limitation and suffering from laches

Source reference: para. 4
03

Law Applied

The Court applied the principles regarding limitation and laches in service-related claims as settled by the Supreme Court of India.

Source reference: para. 5

It relied on Union of India Others v. Tarsem Singh (2008) 8 SCC 652, which established that belated claims should generally be rejected on grounds of delay and laches unless they involve a "continuing wrong" that does not affect the settled rights of third parties

Source reference: para. 5

The Court further applied C. Jacob v. Director of Geology and Mining and others (2008) 10 SCC 115, which holds that stale or time-barred claims can be rejected on the ground of limitation alone without examining merits, and that subsequent representations or routine court directions to "consider" such representations do not revive a dead cause of action

Source reference: para. 6
04

Reasoning

The Court scrutinized the application for condonation of delay (I.A. No. 1) and found that the Appellants failed to provide a satisfactory day-to-day explanation for the 37-day delay in filing the appeal

Source reference: para. 4

Referring to the precedents in Tarsem Singh and C. Jacob, the Court noted that condoning such delays without sufficient cause would encourage indiscipline and result in a drain on the public exchequer

Source reference: para. 6

The Court reasoned that since the Appellants failed to provide a "good ground" or a satisfactory explanation for the lapse of time, the doctrine of laches and the laws of limitation must strictly apply

Source reference: para. 4, 7

The Court concluded that the appeal was stale and the delay could not be condoned simply through "misplaced sympathy"

Source reference: para. 6, 7
05

Holding

The Court rejected I.A. No. 1 for condonation of delay, holding that the appeal was barred by limitation and suffered from laches

Consequently, the Writ Appeal was dismissed without an inquiry into its merits

Source reference: para. 8
Chhattisgarh High Court

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SOUTH EASTERN COALFIELDS LIMITED,vsSUMITA

Chhattisgarh High Court · April 10, 2026

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