Dr. A. Suresh Kumar & Ors. Vs Amit Agarwal

Name of the Case:  Dr. A. Suresh Kumar & Ors. Vs Amit Agarwal

Case Number: Civil Appeal No. 988 OF 2021

Judges Name: Hon’ble Judges Vineet Saran J and Dinesh Maheshwari J.

Order dated: 08.07.2021

Facts of the case:

  • The Respondent filed a claim for medical negligence against the Appellants. The appellants filed their reply a delay of 7 days beyond the period of 30+15 days (45 days). The National Consumer Disputes Redressal Commission (‘NCDRC’) rejected the application for condonation of delay in filing the written statement citing the Constitution Bench judgment of the Court in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited, [(2020) 5 SCC 757], where it was held that the delay beyond the period of 30+15 day (45 days) cannot be condoned by the NCDRC. However, para 63 of the said judgment dated 04.03.2020, it is categorically stated that this judgment would operate prospectively. In this case the Written Statement was filed on 25.11.2019.

The Hon’ble Supreme Court held:

  • The Hon’ble Supreme Court held that considering the fact that the delay was only for 7 days for which valid explanation was given and with the consent of learned counsel for the parties, the Hon’ble Supreme court condoned the delay of 7 days in filing the reply by the appellants before NCDRC, but on payment of costs within 15 days failing which the written statement filed by the Appellants shall not be accepted. The appeal was allowed.

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