notice-
Application by shareholder to rectify register-Long delay
Acquiescence, waiver and laches-Abandonment of right to
question validity of forfeiture-Application for
rectification ... invalid, that the application
was not time barred and that no acquiescence, waiver or
estoppel had been established, but held that the company
agreement with the trial Court, held that
no plea of acquiescence, waiver or estoppel had been established in this case, the
appeal Court should ... right by the Company as distinct from the pleas of waiver, acquiescence and
estoppel and sought to derive support for this new plea from
application for rectification was
barred under the principles of waiver and acquiescence.
2. Long delay of 14 years caused in filing the said application ... rectification can be dismissed on the ground of principle of
delay, acquiescence, waiver or abandonment. It is one thing to say that such
principles
petitioner did not put forth the specific plea of either acquiescence or waiver before first respondent during the adjudication of the disputes. The petitioner ... such an intention. Acquiescence is only a form of estoppel, and it is of the essence of acquiescence that the party acquiescing should be aware
acquiescence, the judgment of the Court of first Appeal drawing the inference may nto be final. But the plea of acquiescence or waiver must ... admitted or founded facts, the arguments for sustaining the plea of acquiescence or waiver, which is a mixed question of fact of law. would
existence of facts relating to the basis of the plea
of waiver, acquiescence or estoppel. He there submitted that the
basic facts on which ... forward preliminary
objections clearly and unequivocally prove that there is waiver,
acquiescence or estoppel on the part of the respondent herein
plea of waiver. Consequently, the
First Appellate Court’s affirmation of the Trial Court’s decree
on the basis of waiver and acquiescence is unsustainable ... could be vitiated on the
ground of waiver, acquiescence, delay or condonation?
Page 31 of 79
iv. Whether the order of the Collector dated
ceased to become available.
63. The plea of acquiescence, as advanced by Mr Mehta is
unacceptable. Acquiescence, as an inhibitor to an infringement action ... statutorily confined, it cannot exist, or be invoked,
outside those confines. Acquiescence and waiver are but two sides of
one coin. He who acquiesces, also
Kanchan Udyog )(2017) 8 SCC 237, wherein the
concepts of waiver and acquiescence were explained and to the conclusion
of the Hon'ble Supreme ... limitation period had expired irrespective of whether
there is waiver, acquiescence or estoppel. Therefore, the plea of limitation
should be examined first. In this case
Supreme Court is
the same. According to him the issues of
acquiescence and waiver raised by the defendant and
the issue whether the defendants marks ... causes
of action in the present suit, the finding regarding
acquiescence and waiver as well as whether the
defendants use of the three factors
