The court observed that the medical certificate submitted was untruthful and aimed to interfere with the administration of justice.
In a significant judgment delivered by the Andhra Pradesh High Court, the appeal filed by Sri Venkateswara Cotton Company against Sri Giri Cotton Traders was dismissed due to a substantial delay of 1037 days in filing, compounded by the submission of an untruthful medical certificate intended to justify the delay. The division bench, comprising Sri Ravi Nath Tilhari and Sri Balaji Medamalli, rejected the application for condonation of delay, emphasizing the importance of integrity in judicial proceedings.
The appellant, Sri Venkateswara Cotton Company, had sought to challenge a judgment dated December 22, 2022, which decreed the recovery of Rs. 26,18,552 with interest from the appellant. The appeal was accompanied by a request for condonation of delay, citing the appellant's ill-health due to a spinal problem, supported by a medical certificate from Dr. Koganti Ravindra Babu.
Upon scrutiny, the court found the medical certificate suspicious, as it suggested bed rest was advised for nearly three years, a claim that raised doubts. The court issued a directive for Dr. Koganti Ravindra Babu to file an affidavit regarding the certificate's authenticity and details of treatment provided. The affidavit submitted failed to provide specific dates of subsequent visits or detailed medical records, further undermining its credibility.
The court noted discrepancies in the affidavit, such as the absence of documented follow-up visits and medical reports, reinforcing the view that the certificate was fabricated for the case at hand. The bench strongly criticized the issuance of such certificates without proper verification, which could adversely impact the administration of justice.
In light of the findings, the court concluded that the appellant's attempt to condone the delay was unfounded, dismissing the appeal as time-barred. Additionally, a cost of Rs. 25,000 was imposed on the appellant, payable to the Andhra Pradesh High Court Legal Services Committee.
The court refrained from initiating proceedings against the doctor, considering his age and service history, but emphasized the need for caution and accuracy in issuing medical certificates. The judgment serves as a reminder of the ethical responsibilities of medical professionals and the importance of genuine documentation in judicial matters.
Bottom line:-
Application for condonation of delay in filing an appeal cannot succeed when the medical certificate submitted as evidence is found to be untruthful and issued solely for the purpose of the case, thereby attempting to interfere with the administration of justice.
Statutory provision(s): Limitation Act, 1963 Section 5
