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2025 Supreme(Online)(SCDRC) 137

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Naresh Katyal, Suresh Chander Kaushik, JJ
HDFC BANK LTD AND ANOTHER – Appellant
Versus
USHA RANI AND OTHERS – Respondent


Advocates:
Mr. Ajay Pratap Singh, Mr. Divyadeep Walia

ORDER

NARESH KATYAL, JUDICIAL MEMBER

There is delay of 250 days in filing of this appeal and to condone the same an application has been filed which is accompanied by affidavit. Looking at the text of application and on hearing learned counsel for appellants on it; this Commission observes that appellants have not gained anything by filing this appeal belatedly. It is settled law that Courts of Law should endeavor to decide the lis between the parties on merits, instead of throwing the cause of any litigant, overboard, on technical considerations like limitation. It is also settled law that liberal approach should be adopted in matters concerning condonation of delay and acceptance of explanation projected in the application should normally be the criteria, unless said explanation is accentuated by ulterior motives and mala fide intention. In present case, no such mala fide intention or ulterior motive is deciphered. To the contrary, cause projected in the application for condonation of delay and accompanying affidavit do constitute ‘sufficient cause’ as per Section 5 of Limitation Act. This being so; application seeking condonation of delay is allowed and delay of 250 days in filing

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