Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
3621-Day Delay in Impleadment Examined: Delhi HC Condones Delay and Allows Son to Continue Late Father’s FERA Appeal
The article discusses a Delhi High Court decision condoning a delay of 3,621 days in filing an impleadment application and allowing a son to continue his late father’s appeal under the Foreign Exchange Regulation Act (FERA). The Court observed that procedural delay should not defeat substantive justice when statutory rights under FERA and FEMA permit legal representatives to pursue pending appeals. The judgment balances equity, delay condonation principles, and the right to fair hearing. It highlights how the Court exercised discretion to permit continuation of the case despite the lapse of several years, emphasizing that death of the original litigant does not abate proceedings in such statutory frameworks. The case underscores the judiciary’s approach to preserving substantive justice over technical defaults and reinforces that heirs can continue pending proceedings when the statute supports such substitution.