$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010373802026 + RFA 838/2026, CM APPL. 53830/2026 TEJPAL .....Appellant Through: Mr. Hari Krishan Pandey, Advocate. versus ORIENTAL INSURANCE COMPANY LTD AND ORS .....Respondent Through: CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 13.08.2026 CM APPL. 53832/2026 & CM APPL. 53833/2026 (Seeking Exemption) 1. Allowed, subject to just exceptions. 2. The Applications stand disposed of. CM APPL. 53831/2026 (under Section 5 of the Limitation Act on behalf of the Appellant seeking Condonation of Delay in filing the Appeal) 3. An Application has been filed on behalf of the Appellant seeking condonation of delay of 260 days in filing the Appeal. 4. It is submitted that the Appeal against the impugned Judgment dated 01.04.2025 should have been filed till 30.06.2025, but it has been filed on 17.03.2026, with a delay of 260 days. It is submitted that the Appellant/Plaintiff was a man of modest means and was an owner of Tempo Traveller which he had purchased in 2012, after availing a vehicle loan of Rs.7,00,000/- from UCO Bank and the vehicle was hypothecated. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 11:58:58 vehicle was the only source of livelihood and income. On 29.04.2014 the vehicle was entrusted to Respondent No.3 Ram Kirpal for routine repairs and dent removal, when it caught fire due to the negligent welding activity and was completely destroyed. FIR No.28214 under Section 285/336 IPC P.S. Timarpur was registered on the same day. The Appellant was reduced to absolute penury as he lost the vehicle, which was the sole source of income. 5. The Appellant had filed CS No.193/2017 on 13.01.2017 after the Insurance claim was arbitrarily repudiated by Respondent No.1 on 29.09.2015, on account of non-compliance of formalities. The trial was concluded in 2025. During this protracted period of eight years, Appellant was recurring financial burden of litigation in the Trial Court; all without any vehicular income. 6. By the time the Judgment was delivered on 01.04.2025, the Appellant had exhausted his modest financial resource in sustaining the litigation for eight years and was unable to arrange further funds for preferring the First Appeal. 7. It is further asserted that shock and despondency on getting an adverse Judgment after eight years, led to a severe psychological shock to the Appellant. He remained largely confined to his house for an extended period, after the Judgment. 8. He suffered acute financial incapacity to arrange the funds for filing of the present Appeal. He also suffered from mental depression and anxiety for which he was under informal medical care and family supervision, from April to December, 2025. His ability to pursue legal matters was substantially compromised. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 11:58:58 9. In the end of December, 2025 upon partial recovery from his depression and persistent pursuation by his family members and well wishers who apprised him of his right of first Appeal would be lost if he did not act promptly, the Appellant mustered the resolve and determination and filed the present Appeal. 10. It is asserted that there is no element of wilfulness, negligence, bad faith or contumacy or lack of bona fides in the delay. He had been diligently pursuing the matter for eight years and has filed the Appeal as soon as he was in a position to do so. It is claimed that there is sufficient cause for condonation of delay. Moreover, no prejudice would be caused if the delay is condoned, especially when there are substantial and meritorious grounds in the Appeal. The Balance of Convenience and interest of justice demands that the delay be condoned. 11. Hence, a prayer is made that the delay of 260 days in filing the Appeal be condoned. CM APPL. 53834/2026 (under Section 151 CPC on behalf of the Appellant seeking Condonation of Delay in re-filing the Appeal) 12. An Application has also been filed on behalf of the Appellant seeking Condonation of Delay of 137 days in re-filing the Appeal. 13. It is submitted that the Appeal was registered under Diary No.122194/2026 whereafter, there were various objections levelled by the Registry and it took 137 days for removing the objections in filing the present Appeal. Submissions heard and record perused. 14. There is a total delay of 397 days in filing the Appeal. The only This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 11:58:58 reason given is that the Appellant suffered depression on his case being dismissed and took much support and assistance from the family members to be able to file this Appeal. It is also claimed that he had financial constraints in filing the Appeal. 15. Both these reasons, do not have any merit. There is no medical record or any other cogent circumstance stated from where it could be inferred that the Appellant had become totally incapacitated and depressed in pursuing his day to day life. Moreover, even if the Petitioner had a financial constraints, he could have approached the Legal Aid. 16. There is no merit in the Applications for condonation of delay of 260 days in filing the Appeal and delay of 137 days in re-filing the Appeal. 17. Both the Applications are accordingly, dismissed. RFA 838/2026 18. Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 CPC has been filed against the Judgment and Decree dated 01.04.2025 vide which the Suit of the Plaintiff/Respondent for recovery of Rs.6,78,000/- had been dismissed. 19. In view of the observations made in the Condonation of Delay Applications, the present Regular First Appeal stands dismissed. Accordingly the pending Application(s) are disposed of. NEENA BANSAL KRISHNA, J AUGUST 13, 2026/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2026 at 11:58:58