Law does not help those who sleep, says Bombay HC while refusing to condone delay

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Law helps those who are "vigilant" and not the ones who are sleepy, the Bombay High Court has observed while dismissing an application for the condonation of delay of 5,193 days in filing a review petition against a 2001 order. The court also imposed a cost of Rs 50,000 on the applicant, Maniben Chandrakant Dalal, reported news agency PTI.

Justice Abhay Ahuja, in an order passed earlier this month, said the delay was "colossal to be meted out with a liberal approach". The applicant had sought condonation of delay in filing the review petition against an October 3, 2001 order passed by another court, reported PTI.

The court had, in 2001, passed an order in terms of the consent terms filed between the two parties recording that eviction suits in respect of a plot in Dadar, filed by the applicant before the small causes court, will be transferred to the Bombay High Court.

It was only in 2018 that Dalal, after consultation with her new lawyer, realized that she should challenge the order. Advocates Mohan Tekavde and Swati Tekavde, appearing for respondents, opposed the plea, stating that the explanation for the delay was not satisfactory. The high court upheld the argument, reported PTI.

"As can be seen, admittedly, there has been a delay of 5,193 days in filing the Review Petition against an order that was passed....Laws come to the assistance of the vigilant and not to that of the sleepy," the HC noted. The balance of convenience was against the applicant and in favour of the respondents, the bench noted, reported PTI.

(With inputs from PTI)