Delhi HIgh Court

Delhi High Court: MCD's Appeal Dismissed Due to 99-Day Delay

Updated
Nov 21, 2025 6:51 PM
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The Delhi High Court dismissed an appeal by the Municipal Corporation of Delhi (MCD) against M/S Manmohan Singh Wadhwa Constructions Pvt Ltd because it was filed 99 days late. Judges C. Hari Shankar and Om Prakash Shukla pointed out that the MCD did not provide a good enough reason for being late.

Background of the Case

The Municipal Corporation of Delhi wanted to challenge a decision from December 24, 2024, made by the District Judge, Commercial Court. However, they submitted their challenge late and asked the court to forgive the delay.

Reasons for Delay

The Municipal Corporation of Delhi gave several reasons for being late:

  • Winter Break: The decision came just before the winter break, which slowed things down.
  • Election Duties: Important officials were busy with election work in February 2025.
  • Chief Engineer's Retirement: The Chief Engineer retired on May 1, 2025, causing more delays.

The MCD said these reasons, along with needing to discuss the matter between departments, led to the delay.

Court's Stance

Justice C. Hari Shankar said the reasons given were not good enough. The court emphasized:

"The reasons given in the modified application for condonation of delay do not satisfactorily explain the delay of as much as 99 days."

The court stressed the importance of resolving business-related issues quickly, mentioning the Supreme Court's decision in the Borse Brothers case.

Legal Principles Applied

The court used rules from the Borse Brothers case, which require:

  1. The delay must be short.
  2. The party must have acted honestly and not carelessly.
  3. Allowing delays should be rare, not common.

Verdict Summary

The request to forgive the delay was rejected, which meant the appeal was dismissed too. The court highlighted the need to use modern, digital methods to prevent such delays in the future. This case shows how important it is to act quickly in legal matters, especially in business disputes, where delays are less likely to be forgiven.