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2005 Supreme(SC) 201
Supreme Court Of India
S.N. VARIAVA AND H.K. SEMA, JJ.
MILK SPECIALITIES LTD.- Appellant
Versus
RAJIV SINGH- Respondent
Civil Appeal No. 905 of 2005,
Decided on February 4, 2005
Courts may condone small delays and restore appeals for disposal on their merits.
Headnote:
Delay Condonation - Appeal Dismissal - The court set aside the orders of the National Commission and the State Commission and restored the appeal to the file of the State Commission, emphasizing that a small delay should have been condoned.
Fact of the Case:
The State Commission refused to condone a delay of 57 days and dismissed the appeal, which was confirmed by the National Commission.
Finding of the Court:
The court set aside the orders of the National Commission and the State Commission and restored the appeal to the file of the State Commission, emphasizing that a small delay should have been condoned.
Issues: Delay condonation, dismissal of appeal
Ratio Decidendi: The court emphasized that a small delay should have been condoned and directed the State Commission to dispose of the appeal on its merits expeditiously.
Final Decision: The appeal was restored to the file of the State Commission for disposal on its merits within a period of three months.
ORDER
1. Leave granted.
2. Heard parties.
3. In this matter, the State Commission refused to condone a delay of 57 days and dismissed the appeal. This was also confirmed by the National Commission. In our view a small delay like this should have been condoned. We, therefore, set aside the orders of the National Commission and the State Commission and restore Appeal No. 351 of 2001 to the file of the State Commission, Uttaranchal, Dehradun. The State Commission shall dispose of the appeal on its merits as expeditiously as possible and within a period of three months in any case.
4. The appeal is accordingly disposed of. There shall be no order as to costs.
