VidhiSangh

Supreme Court of India · 08/07/2021

DR. A. SURESH KUMAR & ORS. versus AMIT AGARWAL

[2021] 6 S.C.R. 1 · 2021 INSC 325

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Summary

In a medical-negligence complaint, the NCDRC refused to condone a seven-day delay beyond the 45-day period for filing a reply, relying on the Constitution Bench decision in Hilli Multipurpose Cold Storage. The Supreme Court held that the reply and condonation application, filed on 25 November 2019, required consideration on merits because Hilli operated prospectively from 4 March 2020. With the parties' consent and a valid explanation for the short delay, it condoned the delay subject to timely payment of costs.

Issues

  1. Whether Hilli's prospective ruling justified rejecting a condonation application filed before that judgment.

Held

Result

Appeal allowed; NCDRC order set aside and delay condoned on the stated costs condition, with an endeavour to dispose of the complaint within six months.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 1.