| COURT: | Supreme Court |
| CORAM: | A. S. Bopanna J, Hrishikesh Roy J, R. Banumathi J |
| SECTION(S): | 5 of Limitation Act |
| GENRE: | Domestic Tax, Other Laws |
| CATCH WORDS: | Condonation of delay |
| COUNSEL: | Mohan Parasaran, Shyam Diwan |
| DATE: | December 17, 2019 (Date of pronouncement) |
| DATE: | December 23, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Condonation of delay of 916 days: While a liberal approach is to be taken in the matter of condonation of delay & the consideration does not depend on the status of the party, even so the condonation of long delay should not be automatic since the accrued right or adverse consequence to the opposite party is also to be kept in perspective. While considering condonation of delay, routine explanation is not enough but it should be in the nature of indicating “sufficient cause” to justify the delay which will depend on the backdrop of each case and will have to be weighed carefully by the Courts based on the fact situation (Mst Katiji 1987(2) SCC 107 distinguished) | |
In the case of Katiji (Supra) the entire conspectus relating to condonation of delay has been kept in focus. However, what cannot also be lost sight is that the consideration therein was in the background of dismissal of the application seeking condonation of delay in a case where there was delay of four days pitted against the consideration that was required to be made on merits regarding the upward revision of compensation amounting to 800 per cent.
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