ICICI LOMBARD GENERAL INSURANCE CO. LTD. vs SH. SUBODH JAISWAL

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30th March, 2026 + RFA(COMM) 727/2025 & CM APPL. 82632/2025, CM. APPL. 8325/2026 ICICI LOMBARD GENERAL INSURANCE CO. LTD. THROUGH ITS AUTHORIZED REPRESENTATIVE MR. GUTAM BHATNAGAR 7 MERCANTILE HOUSE, 15 KG MARG, NEW DELHI 110001 .....APPELLANT Through: Mr. Sandeep Jha, Advocate Versus SH. SUBODH JAISWAL S/O SH. ANIRUDH PRASAD CHAUDHARY R/O HOUSE NO. 122, J-EXTN. LAXMI NAGAR DELHI-110092. .....RESPONDENT Through: Mr. Rohini Kumar, Mr. Kapil Dev Yadav and Mr. Shubhanshu Kumar Dwivedi, Advocates CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) NITIN WASUDEO SAMBRE, J. CM APPL. 82630/2025 & CM APPL. 82633/2025 1. These applications are listed for condonation of delay moved under Section 5 of the Limitation Act, 1963 seeking to condone the delay of 248 days in filing the present appeal under Section 13 (1A) of Signature Not Verified Signed By:SURYAKANT YADAV Signing Date:07.04.2026 RFA(COMM) 727/2025 Page 1 of 7 14:50:46 the Commercial Courts Act, 2015 and also condonation of delay of 62 days in re-filing the appeal. 2. Amongst other, the cause cited are misjoinder of party as it is claimed that instead of joining the insurance company as a party defendant, the local branch office of the appellant – Insurance company was impleaded through whom the insurance policy was drawn. It is further claimed that same has led to the ex-parte judgment being passed as the fact was never within the knowledge of the appellant. 3. Apart from above reason, in support of condonation of delay of 248 days, there is an unexplained delay of 62 days in re-filing the appeal. 4. The Apex Court has already directed that stringent approach be taken in the matter of condonation of delay in cas