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may 2018

Supreme Court of India · 2018-05-07

ATCOM TECHNOLOGIES LTD vs Y.A. CHUNAWALA AND CO.

Citation / case number
SC 2017/12454
Court
Supreme Court of India
Petitioner
ATCOM TECHNOLOGIES LTD
Respondent
Y.A. CHUNAWALA AND CO.
Author
HON'BLE MR. JUSTICE A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court upheld the High Court's decision to condone a delay of over 15 years in filing a written statement under Order 8 Rule 1 of the Civil Procedure Code, 1908, emphasizing that the delay was justified given the circumstances. The Court reiterated that the discretion to condone delay must be exercised judiciously, balancing the need for justice against the need for finality in litigation. The appeal was dismissed, affirming the lower court's order and imposing costs on the respondents.

ATCOM TECHNOLOGIES LTD vs Y.A. CHUNAWALA AND CO. · Niyam