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Delay in Curing the Reply as a Reason for Extension in the Time of Limitation
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Delay in Curing the Reply - Often cited as a valid reason for seeking extension of time under the Limitation Act. Courts recognize that delays in filing or completing procedural steps, such as submitting replies or curing deficiencies, can justify extensions if the delay is attributable to genuine reasons, provided proper grounds are shown P. L. Dua VS Hardutt Sharma - Jammu and Kashmir.
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Sufficient Cause and Extension of Time - Courts emphasize that extensions are granted based on sufficient cause, which includes delays caused by procedural lapses like late filing or curing defects, especially when such delays are not deliberate or malicious Complete Dewatering Systems Pvt. Ltd. VS DSC Limited - Delhi.
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COVID-19 Pandemic and Extension - The Supreme Court and other courts extended limitation periods during the pandemic, acknowledging that delays caused by extraordinary circumstances, including delays in curing replies due to COVID-19 restrictions, are valid grounds for extension Mep Sanjose Talaja Mahuva Road Pvt. Ltd. VS National Highways Authority Of India - Delhi, 01100050511.
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Condonation of Delay - The principle of condonation, under Section 5 of the Limitation Act, allows courts to extend time for filing or curing delays if the applicant demonstrates sufficient cause, such as genuine inability to comply within the prescribed period. However, courts are cautious and exercise this power sparingly, requiring substantial reasons HYDEL CONSTRUCTION LTD. VS H. P. STATE ELECTRICITY BOARD - Himachal Pradesh, P. L. Dua VS Hardutt Sharma - Jammu and Kashmir.
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Limitations on Routine Extensions - Courts warn against habitual or routine seeking of extensions for delays in curing replies or filing, emphasizing that extensions should be granted only in exceptional circumstances where delay is not due to negligence or deliberate avoidance Complete Dewatering Systems Pvt. Ltd. VS DSC Limited - Delhi.
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Exclusion of Certain Delays - In some cases, courts have held that delays caused by extraneous or non-germane reasons, such as arbitrary refusal to ratify extensions or delays in arbitration, do not qualify for condonation or extension of limitation periods HYDEL CONSTRUCTION LTD. VS H. P. STATE ELECTRICITY BOARD - Himachal Pradesh.
Analysis and Conclusion
Courts generally recognize that delays in curing replies or procedural deficiencies can justify extensions of limitation periods if the delay is caused by genuine, unavoidable reasons. During extraordinary circumstances like the COVID-19 pandemic, extensions were broadly granted, acknowledging the impact of such delays. However, the exercise of this discretion is subject to strict scrutiny, and extensions are not granted routinely or for trivial reasons. The key is demonstrating a valid, compelling cause for the delay, aligning with the principles of sufficient cause and the cautious approach courts adopt to prevent abuse of the extension provisions.
References:
- P. L. Dua VS Hardutt Sharma - Jammu and Kashmir
- Complete Dewatering Systems Pvt. Ltd. VS DSC Limited - Delhi
- Mep Sanjose Talaja Mahuva Road Pvt. Ltd. VS National Highways Authority Of India - Delhi
- 01100050511
- HYDEL CONSTRUCTION LTD. VS H. P. STATE ELECTRICITY BOARD - Himachal Pradesh
- HYDEL CONSTRUCTION LTD. VS H. P. STATE ELECTRICITY BOARD - Himachal Pradesh
Search Results for "Delay in Curring the Reply Mere Reason for the Extension in the Time of Limitation"
1986 0 Supreme(J&K) 33 • India - Jammu and Kashmir
A.S.ANAND, S.M.RIZVI
of appeal, for one reason or the other, the question of limitation has to be examined by the appellate court on merits and the question ... 16 OF THE CODE OF CIVIL PROCEDURE - INTERPRETATION - SUFFICIENCY OF CAUSE - EXTENSION OF TIME - POWER OF APPELLATE COURT - VALIDITY ... LIMITATION ACT - SECTION 5 - CONDONATION OF DELAY - APPEAL - FILING OF DECREE SHEET - ORDER 41 RULE 1, 3, 3-A, 9, 11, 12, AND ... The limitation Act provides for extension of the....
2024 Supreme(Online)(NCLAT) 157 • India - National Company Law Appellate Tribunal
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
... ... Findings of Court: ... The Tribunal found that the appeal was e-filed within the limitation period and that the delay in ... limitation despite defects in initial filing. ... (Paras 3, 10, 30) ... ... (B) Limitation - Computation of limitation for filing ... not exceeding 7 days at a time and 30 days in the aggregate to be fixed by him, any 20 memorandum of appeal, for the reason specified in Order XLI, Rule 3, Civil Procedure Code. ... When an Applicant d....
2012 0 Supreme(Del) 350 • India - Delhi
S.MURALIDHAR
NALCO's petition was dismissed due to delay in re-filing. ... No. 454 of 2005 is dismissed on the ground of limitation with noorder as to costs. ... Even counter-claims 4 and 5 were held to be barred by limitation. Delay in pronouncing the Award ... 28. Mr. A.K. ... PEAK sought extension of time for completing the ‘July’ shipment of 10,000 DMT. The broad terms of the contract were already contained in the initial contract and known to both parties. NALCO had also agreed to open an L/....
2021 0 Supreme(Del) 1644 • India - Delhi
REKHA PALLI
Resultantly, the requests for extensions based on the circumstances of the pandemic were rejected. ... The petitioners' reliance on circulars for extensions was denied as they failed to demonstrate adherence to required conditions, ... At the same time, Clause 6 thereof provided that extension of any of the milestones or the completion date itself would tantamount to an amendment of Schedule G. ... When the NHAI next convened a meeting with the IIFCL and the Concessionaire on 07.02.2020 to discuss the Concessionaire's la....
2014 0 Supreme(Del) 2787 • India - Delhi
G.S.SISTANI
The court also highlighted the need for defendants to be vigilant and not to seek extension of time as a matter of routine. ... Condonation of Delay - Written Statement - Order VIII Rule 1 CPC, Section 5 of the Limitation Act - III (2005) SLT 634 = II (2005 ... The court emphasized that the power to extend time for filing the written statement must be exercised sparingly and in exceptional ... laid down by the applicant showing sufficient grounds for extension of time....
2025 Supreme(Online)(Del) 7018 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
within 180 days, which was found to have expired without passing any order due to COVID-19 - The Supreme Court's orders extending limitation ... periods for all judicial proceedings apply to PMLA proceedings, thus allowing for extensions during the pandemic. ... The High Court took the view that the said order dated 23-3-2020 in Cognizance for Extension of Limitation, In re [Cognizance for Extension of Limitation, In re, (2020) 19 SCC 10 : (2021) 3 SCC (Cri) 801] would eclipse all the ....
2022 0 Supreme(Cal) 1211 • India - Calcutta
SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
The appellant failed to deposit the deficit court fees within the period of limitation, and sought condonation of delay, providing ... Code of Civil Procedure - Section 149 - The court dismissed the appeal for non-payment of deficit court fees beyond the period of limitation ... mistakes and not where a party consciously and intentionally avoided putting in deficit court fees in an attempt to avoid the law of limitation ... It is submitted that the extension of time beyond the period o....
2011 0 Supreme(Kar) 121 • India - Karnataka
S.ABDUL NAZEER, A.S.BOPANNA, MOHAN M.SHANTANAGOUDAR
of the member of the House complains about the illegal defections, because of members’ unholy mutual understanding, there is no reason ... There is no reason as to why the petitioners should receive such a direction issued by the Chief Whip of BJP if they had retained ... of the member of the House complains about the illegal defections, because of members’ unholy mutual understanding, there is no reason ... Though no limitation is prescribed, the power can be exercised only within a reasonable period. ... was submitted ....
1999 0 Supreme(HP) 100 • India - Himachal Pradesh
KAMLESH SHARMA, LOKESHWAR SINGH PANTA
in the case/ This reason in our opinion, is extraneous and non-germane to the purport of Clause 5 for extension of time. ... It was after more than two years from the date of completion of the work that the Board, by its letters dated 8.10.199.1 (Ex: C-21) refused to ratify the extension (C-21) of time granted by the S.E. from 30.9.1987 to 31.7.1989 that too for the lame reason that "the contractor has already gone in arbitration ... In the light of this meaning, the word provisionally....
2020 0 Supreme(Del) 757 • India - Delhi
V.KAMESWAR RAO
The Court reasoned that the use of this phrase excludes the applicability of Section 5 of the Limitation Act, which allows for condonation ... that the phrase 'but not thereafter' in both rules indicates a clear intention to exclude the applicability of Section 5 of the Limitation ... The Delhi High Court interpreted the mandatory nature of the time limits prescribed under the Delhi High Court (Original Side) ... For such extension of time, the party in delay shall be burdened with cos....
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