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november 2010

Supreme Court of India · 2010-11-12

INDIAN OIL CORP.LTD. vs SUBRATA BORAH CHOWLEK

Citation / case number
SC 2010/12796
Court
Supreme Court of India
Petitioner
INDIAN OIL CORP.LTD.
Respondent
SUBRATA BORAH CHOWLEK
Author
D.K. JAIN,H.L. DATTU, , ,
Bench
D.K. JAIN,H.L. DATTU, , ,

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 their appeal. The Court emphasized that a liberal approach should be adopted in such matters, particularly when there is no negligence or mala fides attributed to the party seeking condonation. The judgment of the High Court was set aside, allowing the appeal to be heard on merits.

INDIAN OIL CORP.LTD. vs SUBRATA BORAH CHOWLEK · Niyam