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SC rejected the interim application under Section 5 of ...


Strict Time Limits Trump Technical Excuses: Commercial Appeals Demand Punctual Filing Under Section 5 Limitation Act

April 29, 2025

Case Laws     Indian Laws     SC

SC rejected the interim application under Section 5 of Limitation Act, 1963, declining to condone 301 days delay in filing commercial appeal. The Court emphasized the Commercial Courts Act's objective of expediting commercial litigation and strict adherence to statutory timelines. The petitioner's failure to procure certified copies within prescribed limitation period and subsequent 300-day inaction was deemed negligent. The limitation period commenced from judgment pronouncement, irrespective of certified copy provision. The Court underscored that parties cannot evade procedural responsibilities, and such interpretation would undermine limitation principles and the Act's purpose of ensuring timely case disposal. Consequently, the petition was dismissed, upholding the lower court's rejection of delay condonation.

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