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MS Brij Lal and Sons vs. Union of India

Execution First Appeal · 2026:DHC:7911Decided 16 Sept 2026New Delhi Bench
EX.F.A. 26/2024CNR: DLHC010428902024
Justice Harish Vaidyanathan Shankar

Background

The appellant firm sought to challenge two lower court orders in execution proceedings, but filed its appeal with a delay of 501 days. It attributed the delay to a mix of factors: time taken to get a certified copy, the COVID-19 pandemic, a medical condition, an extended trip to Canada for treatment, and an earlier (unsuccessful) review petition and appeal that had been withdrawn.

Decision Breakdown

The Court found that these explanations, even taken together, did not adequately account for the full 501-day delay, particularly since the earlier review petition had itself been dismissed as time-barred, and the appellant's prior withdrawn appeal (with liberty to pursue other remedies) did not extend the limitation period for a fresh challenge to a different order. The Court also held that liberty granted when withdrawing an earlier appeal against one order could not be used to revive a challenge to a separate, earlier order.

Lesson Learnt

Courts require a clear, continuous, and well-documented explanation for every day of delay when seeking condonation: a scattered set of loosely-connected personal reasons, without demonstrating persistent diligence, is unlikely to satisfy a court, especially after a very long delay.

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