PRADEEP NANDRAJOG, MUKTA GUPTA
Life Technologies Corporation – Appellant
Versus
ATZ Lab Solutions (India) Pvt. Ltd. – Respondent
Pradeep Nandrajog, J.
1. In the matter of filing appeals, we cannot think of a situation where there would not be an element of negligence if appeal is filed beyond the period of limitation prescribed. Thus, every delay would have some facet or the other of negligence. Therefore, while considering an application praying to the Court that delay in filing an appeal should be condoned, the issue has to be considered by the Court with reference to whether the appellants was bona fide taking steps to prosecute the appellate remedy. In this consideration pertaining to whether delay in filing the appeal needs to be condoned or not, the facts have not to be construed pedantically i.e. each day’s events have not to be seen separately. The period has to be looked at holistically with reference to the conduct of the party. The reason is that the presumption would be that a party would like to avail such remedies as are available to it and would not consciously abandon the same. Further, when the appellants is a corporate entity, the hierarchical structure in the organization and the decision making process has to be considered. If costs are a good recompense to the party inconvenienc
(2010) 8 SCC 685 Balwant Singh vs. Jagdish Singh & Ors.
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