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1994 Supreme(Del) 397

A.D.SINGH, M.JAGANNADHA RAO
UNION OF INDIA – Appellant
Versus
R. P. BUILDERS – Respondent


Advocates Appeared:
C.R.SOMA SEKHARAN, S.K.CHANDWANI

M. J. Rao

( 1 ) THIS C. M. raises a question which, of late, has been arising day in and day out, in this Court. The matter is in regard to the condonation of delay under Section 5 of the Limitation Act, 1963 filed by the State Public Sector Pubiic Corporations and whether certain factors common to these bodies in their structure and administrative procedures have to be taken into accounts by the Courts while considering applications for condonation of delay. The matter has required review particularly in the light of the recent Judgment of the Supreme Court in Union of India vs. N. Das R. Israni (Civil Appeal No. 2480 of 1993) arising out of Special Leave Petition (Civil) No. 417 of 1993 dated 12-4-93) (2) reversing the decision of this Court in Narain Das R. Israni vs. Union of India (1992 (1) Arb. L. R. 405 ). (1) In that decision this Court had taken the view that "if the Courts were to accept the mere procedure of working in Government offices as sufficient cause, then delay will have to be condoned almost in every case. There can be no discrimination between a common man and the Union of India for furnishing sufficient cause for condonation of delay. " The same view was held b
















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