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april 2009

Supreme Court of India · 2009-04-17

LUCY PAUL vs CUSTODIAN SPL. COURT (TORTS) ACT. .

Citation / case number
SC 2007/12621
Court
Supreme Court of India
Petitioner
LUCY PAUL
Respondent
CUSTODIAN SPL. COURT (TORTS) ACT. .

Judgment text excerpt

The Supreme Court held that the Special Court erred in refusing to condone the delay in filing an application for lifting the attachment on shares, emphasizing that the reasons provided by the appellants for the delay were not adequately considered. The Court established that a fair opportunity to present one's case is essential, and the dismissal of the application without addressing the merits was unjustified. Consequently, the appeal was allowed, the impugned order was set aside, and the Special Court was directed to hear the application on its merits.

LUCY PAUL vs CUSTODIAN SPL. COURT (TORTS) ACT. . · Niyam