VidhiSangh

Supreme Court of India · 21/11/2019

N. MOHAN versus R. MADHU

[2019] 14 S.C.R. 156 · 2019 INSC 1270

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Summary

After unsuccessfully pursuing proceedings to set aside an ex parte money decree, the defendant filed a delayed first appeal. The Supreme Court held that rejection of the earlier remedy did not extinguish the statutory appeal, though condonation depended on bona fides and the particular facts. Considering the defendant’s Rs. 25 lakh deposit, it granted conditional condonation of the 546-day delay upon a further Rs. 20 lakh deposit, leaving the merits open.

Issues

  1. Whether unsuccessful proceedings to set aside an ex parte decree barred a first appeal on merits.
  2. Whether the delay warranted condonation in the circumstances.

Held

Result

Delay of 546 days conditionally condoned upon depositing Rs. 20 lakh in the trial court by 28 February 2020; on default, the condonation application stood dismissed. Upon deposit, the High Court order was set aside and the first appeal was to proceed. The additional sum was to remain in an auto-renewing bank deposit; both deposits remained subject to the appeal. Merits and cheque-dishonour prosecutions were left independent.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 156.