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Indian Laws - Highlights / Catch Notes

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Maintainability of petition - right to prefer an appeal - ...


High Court Restores Application for Delay Condonation After 25% Deposit; Emphasizes Judicious Discretion in Appeals.

January 18, 2021

Case Laws     Indian Laws     HC

Maintainability of petition - right to prefer an appeal - condonation of delay - It is true that in the absence of a stay, it is open to a Learned Appellate Court to proceed with the matter. However, every discretion has to be exercised judiciously. Furthermore, it is also true that the delay in disposing of a matter does not depend merely on a litigant who prefers an application. Sometimes, there are systematic delays. Sometimes, there are other factors which come into play like the onset of a pandemic, as in the present case. - Application for condonation restored, after deposit of 25% amount - HC

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