REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.988 OF 2021
DR. A. SURESH KUMAR & ORS. APPELLANT(S)
VERSUS
AMIT AGARWAL RESPONDENT(S)
O R D E R
The respondent had filed a claim for medical
negligence against the appellants-Dr. A. Suresh Kumar and
others. The appellants filed their reply but with a delay
of 7 days beyond the period of 30+15 days (45 days). The
National Consumer Disputes Redressal Commission (for
short ‘NCDRC’) rejected the application for condonation
of delay in filing the written statement on the ground
that in the Constitution Bench judgment of this Court in
the case of New India Assurance Company Limited vs. Hilli
Multipurpose Cold Storage Private Limited, reported in
(2020) 5 SCC 757, it has been held that the delay beyond
the period of 30+15 day (45 days) cannot be condoned by
the NCDRC. However, in paragraph 63 of the said judgment
dated 04.03.2020, it is categorically stated that this
judgment would operate prospectively. In the present
case, the written statement was filed by the appellants
on 25.11.2019 with an application for condonation of
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delay of 7 days.
In our view, since the application for condonation
of delay was filed prior to the judgment of the
Constitution Bench, which was delivered on 04.03.2020,
the said application for condonation of delay ought to
have been considered on merits and should not have been
dismissed on the basis of the Constitution Bench judgment
in the case of New India Assurance Company Limited
(supra) because the said judgment was to operate
prospectively and the written statement as well as the
application for condonation of delay had been filed much
prior to the said judgment.
Accordingly, the impugned order of the NCDRC
deserves to be, and is, hereby set aside.
At this stage, learned counsel for the parties have
submitted that this Court may consider the matter with
regard to the condonation of delay of 7 days, which has
been rejected by the NCDRC.
Having heard learned counsel for the parties and
after going through the record and for the reasons given
in the application for condonation of delay filed before
the NCDRC and also considering the fact that the delay
was only for 7 days for which valid explanation has been
given and with the consent of learned counsel for the
parties, we condone the delay of 7 days in filing the
reply by the appellants before NCDRC, but on payment of
cost of Rs.25,000/- (Rupees twenty five thousand only).
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The said cost shall be paid by the appellants to the
respondent within 15 days from today. In case, the said
payment is not made, written statement already filed by
the appellants on 25.11.2019 shall not be accepted.
However, if the payment is made, the written statement
shall be accepted by the NCDRC and every effort shall be
made by the NCDRC to decide the complaint filed by the
respondent as expeditiously as possible, preferably
within six months.
The appeal stands allowed with the above
observations.
..................J.
(VINEET SARAN)
...................J.
(DINESH MAHESHWARI)
New Delhi;
July 08, 2021
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ITEM NO.14 Court 11 (Video Conferencing) SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).988/2021
DR. A SURESH KUMAR & ORS. Appellant(s)
VERSUS
AMIT AGARWAL Respondent(s)
(FOR ADMISSION and IA No.41821/2021-GRANT OF INTERIM RELIEF)
Date : 08-07-2021 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VINEET SARAN
HON'BLE MR. JUSTICE DINESH MAHESHWARI
For Appellant(s) Mr. Anand Shankar Jha, AOR
Mr. Arpit Gupta, Adv.
Mr. Girish Bhardwaj, Adv.
Mr. Abhilash Gopinath, Adv.
Mr. Shubham Tripathi, Adv.
For Respondent(s) Mr. Amalpushp Shroti, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeal is allowed in terms of the signed reportable order.
Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR)
(COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
(signed reportable order is placed on the file)
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