2017 (1) TMI 1462 - HC - Companies Law

Condonation of 265 days delay in filing revision application challenging rejection of application of discharge of the applicant-original accused - Held that - It is well settled that the term Sufficient Cause needs liberal construction. When cause of substantial justice is pitted against technicalities of law, cause of substantial justice gets preference. In the case in hand, the applicant is an aged person and he is stated to be working as a clerk with DFPL for reconciliation of old accounts. Availability of funds, ailment, suffering of shock as such, are natural consequences when age of the applicant is concerned. In this view of the matter, for the stated reasons, delay is condoned. Application is allowed.

Summary

The Bombay High Court allowed an application for condonation of 265 days delay in filing a revision application challenging the rejection of the discharge application of the accused. The court emphasized liberal construction of 'sufficient cause' and considered the age and circumstances of the applicant in granting the condonation. The delay was condoned and the application was allowed.