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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Delay Condonation in Appeals - Several cases involve appeals filed after significant delays (ranging from over 6 years to 845 days). Courts have considered whether such delays can be condoned, often requiring the appellant to demonstrate sufficient cause. For instance, in 2023 Supreme(Online)(Mad) 81915 and 2023 Supreme(Online)(Mad) 89070, delays of 845 days were condoned upon payment of costs, indicating courts' willingness to accept delayed appeals if justified 2023 Supreme(Online)(Mad) 81915, 2023 Supreme(Online)(Mad) 89070.
Grounds for Challenging Judgments - Appellants often challenge lower court judgments on grounds such as improper property description or jurisdictional issues. In the cases referenced, the main challenge was the alleged incorrect description of property and the validity of the judgment, but courts primarily focused on delay issues during admission stages 2023 Supreme(Online)(Mad) 81915, 2023 Supreme(Online)(Mad) 89070.
Commercial Suit and Jurisdiction - In I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - Consumer State_NCDRC_A_1441_2017 and 2021 Supreme(Online)(MAD) 5211, the suits are recognized as commercial in nature, with proceedings governed by the Commercial Courts Act, 2015. The courts emphasized that delays in filing appeals or applications must be justified, especially in commercial disputes where procedural adherence is critical
I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - Consumer State
, 2021 Supreme(Online)(MAD) 5211.Impact of COVID-19 Pandemic - The pandemic has been accepted as a valid cause for delays, with courts extending limitations or recognizing exceptional circumstances, as seen in 2021 Supreme(Online)(MAD) 5211, where the Supreme Court extended limitation periods, and in other cases where pandemic-related delays were justified 2021 Supreme(Online)(MAD) 5211.
Court Discretion and Final Orders - Courts have shown discretion in condoning delays when justified, but have also dismissed appeals at the admission stage if delays are not adequately explained, as in I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - Consumer State_NCDRC_A_1441_2017 and I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - Consumer State_SC_11882_2021. Orders often direct hearing on condonation petitions before proceeding further
I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - Consumer State
,PANDURANGAN vs T. JAYARAMA CHETTIAR - Supreme Court
.Analysis and Conclusion:The primary issue across these sources is the condonation of delays in filing appeals or applications related to judgments in commercial suits or related proceedings. Courts generally favor condoning delays when sufficient cause is demonstrated, considering factors like the pandemic, administrative delays, or justified reasons. However, unexplained or excessive delays tend to lead to dismissal at the admission stage. The courts balance procedural strictness with equitable considerations, especially in commercial and pandemic-affected contexts.
In the fast-paced world of commercial litigation, time is money—and courts are increasingly treating it that way. The question of Dealy Condolences Judgement of Commercial Suit (likely referring to delay condonation judgments in commercial suits) highlights a critical issue: Can courts forgive late filings in high-stakes business disputes? Under India's , the answer is often a resounding no, especially for . This post breaks down landmark rulings, integrates insights from related cases, and offers practical guidance for legal practitioners and business owners.
Note: This article provides general information based on judicial precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
The Commercial Courts Act aims to expedite resolution, imposing strict timelines to prevent protracted litigation. A key provision limits the filing of to from the . Courts have repeatedly underscored this as mandatory, not directory.
In the 's ruling in , the timeline was deemed non-extendable, even with compelling reasons like a fire at the petitioner's plant. 2023 0 Supreme(Del) 586 2020 0 Supreme(Bom) 419. The judgment states: the period for filing in commercial suits is strictly limited to . 2023 0 Supreme(Del) 586.
This stance prioritizes efficiency: The court's rationale is grounded in the need for expeditious disposal of commercial disputes, which is a fundamental objective of the Commercial Courts Act. 2020 0 Supreme(Bom) 419. Good reasons alone do not suffice for condonation. 2020 0 Supreme(Bom) 419.
Defendants in commercial suits of must file their written statement within:- ideally from summons receipt.- Up to maximum, with court permission only in exceptional cases—but recent rulings close even that door.
Applications for condonation beyond have been dismissed outright. In one case, despite a fire destroying records, the court refused extension, emphasizing: the provisions of the Commercial Courts Act leave no room for flexibility regarding the filing period. 2023 0 Supreme(Del) 586.
The apex court in the aforementioned case reinforced: good reasons for delay do not suffice to warrant condonation, reinforcing the mandatory nature of the provisions. 2020 0 Supreme(Bom) 419. This applies uniformly, dismissing pleas based on extenuating circumstances.
While face ironclad rules, condonation in appeals shows more nuance, drawing from broader case law.
In I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - _NCDRC_A_1441_2017, a delay in filing an appeal was not condoned: the dealy in filing the present appeal cannot be condoned. The appeal, therefore, is liable to be dismissed on the ground of at the stage of admission itself.
I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey -
.Conversely, minor delays like 12 days were addressed in I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - _NCDRC_MA_22_73: Alongwith the appeal the appellant has also filed an application for condonation of dealy of 12 days in filing the present appeal.
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Significant delays (e.g., ) were condoned upon costs in cases like 2023 Supreme(Online)(Mad) 81915 and 2023 Supreme(Online)(Mad) 89070, where courts required such as administrative hurdles. 2023 Supreme(Online)(Mad) 81915 2023 Supreme(Online)(Mad) 89070.
Commercial nature amplifies scrutiny: Considering the fact that the transaction between the plaintiff and the defendant is commercial in nature, the suit has been filed as a of under the provisions of . 2023 0 Supreme(Mad) 2304.
The COVID-19 pandemic introduced exceptions. Courts recognized it as a valid ground for delays, with the extending limitation periods. In 2021 Supreme(Online)(MAD) 5211, pandemic-related delays were justified, balancing equity with procedure. 2021 Supreme(Online)(MAD) 5211.
However, even here, commercial suits demand justification: The impugned order clearly shows that the respondent No.2 without considering the counter filed by the petitioners herein in the dealy condonation petition, condoned the dealy of . 2024 Supreme(Online)(Tel) 39211.
In I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - _SC_11882_2021: Issue notice both on the application for condonation of dealy.
. Courts often probe jurisdictional challenges alongside delays but prioritize timelines.
Appellants frequently cite improper property descriptions or jurisdiction lacks, as in I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey - _HC_HCBM010024182021: challenge the said judgment before this Court in which there was a dealy... had refused to condone the dealy.
. Yet, unexplained delays lead to admission-stage dismissals.
In insurance-linked commercial disputes: Suffice to say that this suit was held to be a arising out of insurance. 2019 0 Supreme(Mad) 1402.
To navigate these rules:- File promptly: Adhere to the 120-day cap religiously.- Document everything: If seeking condonation (rarely successful for ), provide irrefutable evidence.- Anticipate appeals: For appeals, demonstrate early—pandemic or costs may help.- Choose forums wisely: Confirm commercial suit status under Section 2(1)(c) to invoke Act timelines. 2023 0 Supreme(Mad) 2304.
Legal teams should advise: Ensure timely filing of within the stipulated . Prepare to substantiate any requests for extensions with compelling evidence, although the likelihood of success appears minimal. 2020 0 Supreme(Bom) 419 2023 0 Supreme(Del) 586.
Courts' stance is clear: In commercial suits, the 120-day written statement deadline is sacrosanct, as affirmed in SCG Contractors. 2023 0 Supreme(Del) 586 2020 0 Supreme(Bom) 419. While appeals offer some leeway—especially post-COVID—unjustified delays risk dismissal. Businesses must prioritize compliance to safeguard rights.
Key Takeaways:- is mandatory for ; no condonation typically. 2020 0 Supreme(Bom) 419- Appeals may condone with cause/costs. 2023 Supreme(Online)(Mad) 81915- COVID provided exceptions, but normalcy demands vigilance. 2021 Supreme(Online)(MAD) 5211- References: 2023 0 Supreme(Del) 586, 2020 0 Supreme(Bom) 419,
I.C.I.C.I Lombord General Insurance Co. Ltd vs Smt. Kiran Dubey -
, 2023 0 Supreme(Mad) 2304,Stay proactive in commercial litigation—delays can be fatal. For tailored advice, reach out to a legal expert.
#DelayCondonation, #CommercialCourts, #LegalRulings
Respondents Prayer:- Appeal is filed under Section 100 of C.P.C against the judgement and decree of the learned District Judge and Appellate Authority of the Nilgiris at Udhagamandalam in A.S.No.12 of 2013 dated 29.10.2020 reversed the Judgement and Decree of the learned Sub Judge of Nilgiris ... The appellant has not been able to contend that as to how the judgement and decree of the Lower Appellate Court is otherwise erroneous. ... Ultima....
Ultimately, the appeal was allowed as against which the present Second Appeal has been filed 8/12 https://www.mhc.tn.gov.in/judis S.A.No.818 of 2023 with a dealy of 845 days ... The plaintiffs had filed the suit for recovery of possession and for past damages of a sum of Rs.2,000/- and for future damages of Rs.2,000/- from the date of the suit till the date of delivery. ... The appellant has not been able to contend that as t....
In view of the aforesaid, the dealy in filing the present appeal cannot be condoned. The appeal, therefore, is liable to be dismissed on the ground of delay and latches at the stage of admission itself. ... Cause Title/Judgement-Entry PRESENT: Dated : 17 Feb 2021 Final Order / Judgement
Alongwith the appeal the appellant has also filed an application for condonation of dealy of 12 days in filing the present appeal. ... Cause Title/Judgement-Entry PRESENT: Dated : 21 Dec 2022 Final Order / Judgement
Considering the fact that the transaction between the plaintiff and the defendant is commercial in nature, the suit has been filed as a commercial dispute of specified value under the provisions of Section 2(1)(c)(i) read with Section 2(i) and Section 7 of the Commercial Courts Act, 2015. ... In the Judgement reported in 2009 (12) SCC 1 - State of Rajasthan Vs. ... (vii), the defendant has questioned the ....
1.The Secretary to Government, Commercial Tax and Registration Department, Fort St.George, Chennai. 2.The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 028. ... 13.03.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Secretary to Government, Commercial Tax and Registration Department, Fort St.George, Chennai. ... 3.Being not satisfied with the reasons stated in the accompanying affidavit filed in support of....
The impugned order clearly shows that the respondent No.2 without considering the counter filed by the petitioners herein in the dealy condonation petition, condoned the dealy of Six Years, Nine Months and thirteen days in filing the appeal against the ORC granted in favour of the petitioners. ... This Writ Petition is filed challenging the orders dated 19.02.2014 passed by the respondent No.2 in F2/06/2014 - F2/IA-30/2013, whereunder the dealy#HL_....
challenge the said judgment before this Court in which there was a dealy ... It is submitted that unless and until both the lands are jointly measured the suit could not have 2021 passed in Interim Application No.206 of 2021 in Second Appeal Stamp No.1252 of 2021 had refused to condone the dealy ... It is also submitted that in the evidence the surveyor, in the suit, has admitted p style="position:absolute;white-spac....
JAGDISH KUMAR Date: 2021.11.12 18:10:44 IST Reason: Signature Not Verified 2 Issue notice both on the application for condonation of dealy ... He points out that this is a case where the petitioner has challenged the decree in earlier suit on the ground that the Court did not possess jurisdiction and on the said basis, the finding rendered by the O R D E R Learned senior counsel for the petitioner would point out ....
I find sufficient cause and justification for the dealy. In any event for the delay occassioned between 15.03.2020 to 31.01.2021, the Supreme Court, taking note of the Corona pandemic, has extended the limitation for filing of statutory appeals. ... The Commissioner, Commercial Taxes has issued Circular bearing no.3 of 2019 dated 18.01.2019, to the effect that assessments involving the question of mismatch based on the website of the Department be kept in ab....
He also could not clarify the reasons for preserving the written condolences invitation. He admitted that the corner of the written invitation, Ex. D6 is not torn.
I have extended my heartfelt condolences to you and your family.
Please accept our deep condolences in this sad moment. 4. The insurance co. vide its repudiation letter dated 12.01.2012 declined the insurance claim principally on the ground of intentional non-disclosure and suppression of material information and untrue statements:— BY RPAD 12/01/2012 Mrs. Manisha Gupta I/C/5 B Ashok Vihar Phase-III Delhi-110052 Sub: Claim Repudiation Re: Policy No. 01557506 [Proposer / Life Insured: Mr. Ajay Gupta] Dear Mrs. Manisha Gupta, We, at....
Please accept our deep condolences in this sad moment. We refer to: 1. The Proposal No. 01557506 dated 27/03/2009 and Policy No. 01557506; 2. Your claim intimation form dated 24/06/2011 received in our office on 21/07/2011; 3. The Death Certificate issued by the Municipal Corporation of Delhi, Government of National Capital Territory of Delhi, India issued under section 17 of the Registration of Births and Deaths Act, 1....
In other words, the suit was held to be a commercial dispute within the meaning of sub clauses (i) and (xx) of section 2(1)(c) of 'The Commercial Courts Act, 2015' ('said Act' for brevity). Suffice to say that this suit was held to be a commercial dispute arising out of insurance, besides arising out of an ordinary transaction of a banker. It was held to be of specified value within the meaning of section 2(1)(i) read with section 12 of said Act, as the suit is valued at Rs.1....
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