Supreme Court · 2010 INSC 776 · Decided 12 November 2010

Indian Oil Corporation LTD. & ORS. v. Subrata Borah Chowlek, ETC.

Court
Supreme Court of India
Citation
2010 INSC 776 · [2010] 13 S.C.R. 776
Case number
CIVIL APPEAL No. 9726/2010
Decided
12 November 2010
Bench
D.K. JAIN, T.S. THAKUR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act

Headnote

LIMITATION ACT, 1963: c s.5 - Condonation of delay in filing appeal by a public sector undertaking - Declined by High Court - Held: - Sufficient cause had been made out for condonation of delay in filing the appeal and, therefore, the High court erred in declining the prayer- It is showing a 0 sufficient cause, a party is not entitled to the condonation of delay as a matter of right, yet it is trite that in construing sufficient cause, courts generally follow a liberal approach, particularly, when no negligence, inaction or ma/a fides can be imputed to the party - It is

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