Ghevarchand R. Jain versus M/s Himland Real Estate (P) Ltd. & Ors. OMP(M) No.132 of 2024 [Item D-1] 11.09.2025. Present: Mr. N.K Sood, Senior Advocate with Mr. Sarthak Mehta, Advocate, for the applicant-appellant. Mr. Udit Shaurya Kaushik, Advocate, for the respondents. OMP(M) No.132 of 2024 The application for condonation of delay of 74 days in filing the present appeal has been filed, which has been supplemented by a rejoinder now filed to explain the delay, since the application had been contested by filing a reply contending that no sufficient cause has been shown to condone the delay. It is to be noticed that the challenge is to the order dated 27.05.2024 and the certified copy was applied for on 09.08.2024. It has been stated that the appellant himself is a senior citizen and a chronic cardiac patient, and the prosecution has been carried through the general power of Attorney, his son-in- law, Pratik Jain. 2. The medical record, in principle, as such, has been annexed in support of the application to show that there is a reasonable cause for the delay in filing the appeal, and the attorney had been duly instructed. 3. Counsel for the respondent has submitted that there is nothing on record to show medical ailment of the attorney. However, keeping in view the overall averments made and the fact that the parties are also stationed at Mumbai, and considering the logistics and time taken, some delay was natural. It is also noticed that the certified copy was delivered on 12.08.2024 and the appeal was filed diligently on 24.08.2024. 4. We are of the considered opinion that sufficient cause is made out. It is well-settled principle that each and every day of delay need not be explained and that matters should be heard on merits rather than dismissing on technicalities. 5. Accordingly, the application is allowed and delay of 74 days in filing the appeal is condoned. The application stands disposed of. Commercial Appeal No.___ of 2025 [Filing No.30284 of 2024] 6. Appeal be registered. 7. Notice. Mr. Udit Shaurya Kaushik, Advocate, accepts service of notice on behalf of the respondents. 8. It is brought to our notice that the order of the learned Single Judge passed on 27.05.2024 in OMP No.187 of 2024 has been duly complied with, and the necessary bank guarantee has also been furnished, as is evident from the order dated 02.06.2025 passed in COMS No.7 of 2019. 9. To come up for consideration on 27.10.2025. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge September 11, 2025 [Shivender/Himani]