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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
KKREATION Associates Bhubaneswar – Appellant
Versus
Registrar, NCDRC, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2) |
| 2. petitioners' arguments on judicial redress (Para 3) |
| 3. petitioners' claims of jurisdictional errors (Para 4) |
| 4. judicial standards for review jurisdiction (Para 8 , 11) |
| 5. principles governing delay condonation (Para 9 , 12) |
| 6. review petition dismissed (Para 17 , 19 , 20) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Petitioners in the present Review Petition seek review of the judgment dated 13.03.2025 passed in W.P.(C) No.14583 of 2024, whereby the Writ Petition was dismissed by this Court.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The Petitioner and Opposite Party No. 2 entered into a Sale-Purchase Agreement on 27.02.2012 for the purchase of Flat No. A-04 in the project titled ‘The Country Side’, Bhubaneswar, for a total consideration of Rs.32.76 lakhs. However, Opposite Party No. 2 paid only Rs.18 lakhs, which included a booking amount of Rs.3 lakhs and subsequent instalments.
(ii) Subsequently, a Tripartite Agreement was executed among the Petitioner, Opposite Party No. 2, and Punjab & Sind Bank for a housing loan of Rs.25 lakhs. As per the Agreement, Opposite Party No. 2 was required to contribut
The principle established is that review jurisdiction is intended for correcting manifest errors, not reassessing merits, and the burden to prove sufficient cause for delay lies with the party seekin....
Limitation – Condonation of delay – Term “sufficient cause” u/Section 5 of Limitation Act should be liberally construed promote substantial justice, when delays are not due to dilatory tactics, bad f....
Condonation of delay is not a matter of right and the applicant has to set out the care showing sufficient cause which prevented them to come to the commission.
(1) Delay - The delay of each and every day has to be explained.(2) Due Diligence - The basic test to determine whether the delay is reasonable or whether the party has been acting with due diligence....
Delay cannot be condoned without sufficient cause; litigants must demonstrate vigilance and accountability regarding timely legal action.
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