“Appeal arises from the Judgment of a Learned Single Judge of the High Court of Calcutta by which the Respondent’s Application for condoning a delay of 514 days in filing an Application under Section 34 of The Arbitration and Conciliation Act, 1996 was allowed. This Court needs to assess whether the benefit of Sections 5 […]Read more "Section 34(3) of The Arbirtration Act"
‘Beyond which number is it strange if a delay is condoned?’ We have been hunting for the single noble equation. Ponnayal v. Karuppan (Dead), [Civil Appeals No. 9558-9559 of 2018] reflects the Appellant’s journey to the Supreme Court twice . The Appellant, first, appealed against a judgement of a HC, with a delay of 2088 days. The […]Read more "Condonation of Delay VI: 2088, 1405"
State of Jharkhand through SP, CBI occasioned a delay of 157, 113 and 222 days in filing appeals before the SC against Lalu Prasad [Crl. A. 394/2017], Sajal Chakraborty [Crl. A. 393/2017] & Dr. Jagannath Mishra [Crl. A. 395/2017]. It was submitted by Ram Jethmalani that the averments made in the applications seeking condonation of […]Read more "Condonation of Delay V: 157, 113, 222"
In Domestic Arbitrations, if an Order is Not Appealable under Section 37(1) of The Arbitration Act, it would not be subject to Appeal under The Letters Patent of a High Court. My Lord, Intra-Court Letters Patent Appeal [Clause 15 of The Letters Patent of High Court at Calcutta] against Single Judge Order on Application for […]Read more "Section 37 of The Arbitration Act I"
“There is inordinate delay of 1186 days in filing the SLPs.” “There is gross delay of almost 3 1/2 years in challenging the judgment rendered in the Writ Appeal and no explanation much less cogent explanation has been given by the Appellant.” “There is no reason to condone the delay.” – Hon’ble Justice C. Nagappan, […]Read more "Condonation of Delay IV: 1186"
“Section 18(2) of the SARFAESI Act provides that the Appellate Tribunal shall follow the provisions of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 in disposing of the appeal unless otherwise provided under the SARFAESI Act or the Rules made thereunder. The proviso to Section 20(3) of the RDDBFI Act empowers […]Read more "Condonation of Delay III: Section 18, SARFAESI Act Appeals"
Defendants were set ex-parte, in a suit praying for refund of an advance amount with interest . There was a delay of 355 days in filing the Application to set aside the ex-parte decree. The Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition that the Defendant deposit the entire Principal Prayed Amount. […]Read more "Condonation of Delay II: 355"