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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. S. Ramachandra Rao, C.J., Deepak Roshan
Jharkhand Urja Utpadan Nigam Ltd. – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent
| Table of Content |
|---|
| 1. delay in filing appeal explained (Para 1 , 2 , 3 , 5 , 6 , 8) |
| 2. arguments on communication and delay (Para 4 , 7 , 9 , 10 , 11 , 12) |
| 3. court's reasoning on limitation and communication (Para 13 , 14 , 15 , 16 , 18 , 19 , 20 , 22 , 24 , 25 , 26 , 27 , 29 , 31 , 32 , 33 , 34) |
| 4. ratio regarding condonation of delay (Para 21 , 28 , 30 , 35) |
| 5. dismissal of application and appeal (Para 36 , 37 , 38) |
JUDGMENT :
M.S. Ramachandra Rao, C.J.
I.A. No. 11269 of 2024 in/and Commercial Appeal No. 1 of 2025
1. This application has been filed under Section 5 of the LIMITATION ACT , 1963 to condone the delay of 301 days in filing this appeal under Section 13(1-A) of the COMMERCIAL COURTS ACT , 2015 challenging the judgment dt. 09.10.2023 passed in Commercial Suit No. 16 of 2015 of the Presiding Officer, Commercial Court, Ranchi.
2. The said suit had been filed by the respondent against the applicants for recovery of Rs. 26,59,34,854/- with interest @ 15.75 % per annum (quarterly) till realization from 12.11.2014 on the basis of the Award passed by the MSME Council, Kanpur.
3. In the application seeking condonation of delay, it is alleged that the applicants never received a copy of the
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 appeal in commercial matters requires strict adherence to timelines under the Commercial Courts Act, and negligence in filing cannot justify delay beyond stipulated periods.
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....
The Court held that the 60-day limitation for appeals under the Arbitration Act is strict and can only be extended in exceptional cases where sufficient cause is demonstrated, which was not establish....
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.
(1) Section 5 of Limitation Act, 1963 can be invoked and applied to condone delay under Commercial Courts Act, 2015.(2) Law of Limitation is for general welfare that a period be put to litigation – R....
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.
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