News Muncher - searching for held - category condonation

The NCLAT has ruled in favor of the appellants in the case involving a delay in filing an appeal against an order of the NCLT. The court held that the limitation for condonation of a delay starts from the date of pronouncement of the order, and not from the date of uploading the order on the website of the NCLT.

The Telangana High Court has held that the incapacity of a non-party to a legal proceeding can be equated to 'legal disability' under sections 6 and 7 of the Limitation Act, 1963. “The incapacity of a non-party may be equated to the legal disability under sections 6 and 7 of the Limitation Act since the absence of lack of knowledge …

The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay. Justice Javed Iqbal Wani made these observations while dismissing an application seeking condonation of a 65-day delay in filing a review petition by the …

Bombay High Court recently held that explanation for each day of delay is not required to condone the delay in filing a case when broad reasons sufficient as per SC guidelines are given in the delay condonation application. Justice Milind Jadhav upheld condonation of delay of over 5 years by a labour union in filing a complaint against BEST challenging …

The Bombay High Court recently held that an ad-interim/interim stay can be granted on an award passed under the Motor Vehicles Act even if the appellants’ application for condonation of delay in filing the First Appeal against such award is pending. According to Rule 3-A of Order 41 of the CPC, “Where an application has been made under sub-rule, the …

The Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of the Motor Vehicles Act before the High Court, they stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided finally, in view of 2nd proviso to Section 173 of the MV Act & Order …

The Kerala High Court on Tuesday held that when a victim belatedly files an appeal against a judgement of acquittal, it is not essential to file an application for condonation of delay and that an affidavit explaining the delay would suffice. If the Appellate Court is satisfied with the explanations offered, the court is entitled to proceed to consider admission …

The National Company Law Tribunal, Hyderabad Bench, comprising Dr. Venkata Ramakrishna Badarinath Nandula and Shri Charan Singh, while adjudicating an application under Section 60 of Insolvency and Bankruptcy Code, 2016 by the Deputy Director, Employees State Insurance Corporation in Asset Reconstruction Company Limited vs Viceroy Hotels Limited has held that the length of delay is immaterial, but the reasons stated …

The Uttar Pradesh State Consumer Disputes Redressal Commission has held that consumer forums must decide the application for condonation of delay in filing of a complaint under the Consumer Protection Act, 2019 first, before adjudication on merits.noted that Section 69 of the Act clearly provides that no complaint will be entertained unless the Commission, whether at district, state. The Uttar …

The Manipur High Court has held that Courts should examine conducts of parties "all through" to ascertain whether their non-appearance was a singular stray instance or a chronic phenomenon. While denying relief to the petitioners, a Single Judge Bench of Chief Justice Sanjay Kumar observed, "…this Court would be justified in examining the conduct of the party all through to …

The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. The Bench Considered Two Issues: Whether judgment and order of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020 held that- "When the Hon'ble Supreme Court has granted extension of period of limitation, it …

A 2-judge bench of the Supreme Court has expressed the need for a larger bench decision on the issue regarding the prospective operation of the Constitution Bench judgment in the case New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited, which had held that Consumer Forum cannot condone the delay of more than 45 days in filing …

in the context of the aforesaid issue. Eventually, a Writ Petition was filed by the said Respondent in the Patna High Court that held that the appeal before the Additional Collector ought to have been dismissed on the ground of limitation "as no application was filed for condonation of delay as contemplated by Section 5 of the Limitation Act." The …