KALLU & ANR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 14.01.2026 Pronounced on : 17.02.2026 Uploaded on : 17.02.2026 + FAO 153/2019 KALLU & ANR .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, advocates versus UNION OF INDIA .....Respondent Through: Ms. Amrita Prakash, CGSC with Mr. Vishal Ashwani Mehta and Ms. Anju Kaushik Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 16046/2019 (Seeking condonation of delay of 237 days in filing the present appeal) 1. By way of the present application, the applicants/appellants seek condonation of delay of 237 days in filing of the accompanying appeal. 2. Learned counsel for the appellants submits that after the passing of the judgment/order dated 12.04.2018 (hereinafter referred to as “impugned judgment”), the appellants were unable to file the appeal within the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:17.02.2026 18:39:35 FAO 153/2019 Page 1 of 7 prescribed period. It is submitted that the delay is bona fide and neither intentional nor deliberate. It is further submitted that the appellants belong to an economically weak section and due to paucity of funds, could not obtain timely legal advice. 3. It is worthwhile to note that in “Mohsina v. Union of India”1, a Co- ordinate Bench of this Court condoned a delay of 804 days in filing the appeal, taking into account the weak economic status of the appellants/claimants. 4. Considering the facts and circumstances of the present case, and guided by the principle laid down in the aforementioned decision as well as the beneficial nature of the concerned legislation, this Court finds that the appellants have been able to show sufficient cause for the delay caused in filing of the accompanying appeal. 5