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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
T.M.Nadaf, J, V Kameswar Rao, A.C.J.
C. Krishnaiah Chetty And Sons, Private Limited – Appellant
Versus
Deepali Co. Private Limited – Respondent
JUDGMENT :
T.M. NADAF, J.
This appeal is directed against the order dated 17.02.2022, passed on I.A. filed by the defendant / respondent Nos.1 to 3, under Order-VII, Rule-11(d) of CPC, read with Commercial Courts Act , 2015 (‘Act of 2015’ for short) for rejection of the plaint in COM.O.S. No.306/2020, passed by the LXXXV Additional City Civil Judge (CCH-86) Bengaluru, along with an application in I.A.No.1/2023 seeking condonation of delay of 366 days in preferring the appeal.
2. The parties will be referred to as per their ranking before the trial court for easy reference.
3. This appeal was listed before this Court on 29.04.2025, for hearing on Interlocutory Application i.e., I.A. No.1/2023 seeking condonation of delay and after hearing both sides, the application was reserved for orders. Though the matter is reserved only for consideration of application seeking condonation of delay in filing the appeal, for better understanding a brief outline of the facts are stated as under:
The plaintiff / appellant filed a suit in Com.O.S.No.306/2020 against the defendants /respondents herein seeking for a judgment and decree, restraining the defendants and persons claiming through them by way o
A Chief Financial Officer must be authorized by the company's Board to institute legal proceedings; lack of authorization renders the suit non-maintainable under the Companies Act.
Timely communication of judgments is critical, and failure to act diligently does not justify excessive delays in filing appeals under commercial law.
Limitation – Law of limitation cannot be read in such a manner whereby parties stop showing any modicum of regard for their own rights and on pre-text of untimely communication continue to litigate w....
The court denied condonation of a 721-day delay in appeal filing due to lack of sufficient cause and negligence in prosecution, emphasizing that such delays in commercial matters require strict adher....
(1) Condonation of delay under Section 5 of Limitation Act has to be seen in context of object of speedy resolution of disputes. Section 5 of Limitation Act will apply to appeals, both by virtue of S....
Delays beyond prescribed periods in commercial appeals can be condoned only in exceptional cases, requiring demonstration of bona fides and absence of negligence by the appellants.
The main legal point established in the judgment is that the doctrine of condonation of delay should be applied judiciously, taking into account the circumstances and the impact of external factors s....
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