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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. N. Anand Venkatesh, J
California Institute of Computer Assisted Surgery, Inc. – Appellant
Versus
M/s Perfint Healthcare Pvt.Ltd. – Respondent
| Table of Content |
|---|
| 1. enforcement of foreign award requires timely execution. (Para 1 , 2 , 12) |
| 2. delays should be assessed pragmatically. (Para 5 , 8 , 11) |
| 3. prioritizing substantial justice over strict timelines. (Para 6) |
| 4. judicial discretion in condoning delays aligns with justice. (Para 10 , 16) |
| 5. application allowed with terms for costs. (Para 19) |
ORDER
This application has been filed to condone the period of delay that was spent between 24.01.2017 and 22.03.2022 during the proceedings in E.P.No.17 of 2017.
2. The case of the applicant is that the applicant originally filed E.P.No.17 of 2017 for enforcement of the foreign award and the petition was listed before the learned Master. Since the same was entertained, A.Nos.1633 & 1634 of 2018 came to be filed by the respondent challenging the order passed by the learned Master and also for staying the execution proceedings. These applications were dismissed by the learned single Judge by an order dated 10.07.2018. Aggrieved by the same, the respondent filed O.S.A.Nos.288 and 289 of 2018 before the Division Bench. The Division Bench of this Court, by an order dated 02.01.2019, allowed the appeals in the following terms:-
“56. We therefor
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