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november 2010

Supreme Court of India · 2010-11-12

Indian Oil Corp.Ltd.& Ors vs Subrata Borah Chowlek And Anr

Citation / case number
AIR 2011 SC (SUPP) 446
Court
Supreme Court of India
Petitioner
Indian Oil Corp.Ltd.& Ors
Respondent
Subrata Borah Chowlek And Anr
Author
D.K. Jain
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the appellants' application for condonation of delay under Section 5 of the Limitation Act, 1963, as the appellants demonstrated sufficient cause for the 59-day delay in filing the appeal. The Court emphasized that a liberal approach should be adopted in such matters, particularly when no negligence or mala fides can be attributed to the party seeking condonation. Consequently, the Supreme Court set aside the High Court's order and allowed the appeal, permitting the appellants to proceed with their case.

Indian Oil Corp.Ltd.& Ors vs Subrata Borah Chowlek And Anr · Niyam