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1 - 10 of 15 (0.23 seconds)THE COMMERCIAL COURTS ACT, 2015
Section 5 in The Limitation Act, 1963 [Entire Act]
Ahluwalia Contracts (India) Ltd. vs Housing And Urban Development ... on 30 November, 2007
(iii) Ahluwalia Contracts (India) Ltd. Vs. Housing and Urban
Development Corporation (in O.M.P. 1122/2013 Date of
decision 4.4.2016).
M/S. Simplex Infrastructure Ltd. vs Union Of India on 5 December, 2018
53. Having examined the entire gamut of facts in the present case, I am of
the opinion that the petitioner has been unable to show sufficient cause
that prevented him from filing the petition upto 23.01.2019 when the
statutory period of 3 months ended. Even the petition filed on the last
day of the 30 days beyond the three months period was non-est.
Therefore, the contention that there is a delay in re-filing is incorrect
as the delay actually is in the initial filing. Once the delay is in the
initial filing and is beyond a total of 120 days, as prescribed under
Section 34(3) and Proviso to the said Section of the Act, this Court has
no power to condone the delay as held by the Apex Court in the case
of Simplex Infrastructure Limited (supra). The application for
condonation of delay, thus deserves to be dismissed as the delay
cannot be condoned.
Ashok Kumar Parmar vs B.D.C. Sankiila And Ors. on 6 October, 1994
a) In Ashok Kumar Parmar vs. D.C. Sankhla, 1995 RLR 85,, a
Co-ordinate Bench of this Court in the context of Rules 1 and 2
of Chapter IX of Delhi High Court (Original Side) Rules- 1967
held as under:
Jay Polychem (India) Ltd & Ors. vs S.E. Investment Ltd on 7 May, 2018
e) In Jay Polychem (India) Ltd. & Ors. vs. S.E. Investment Ltd.,
reported in 2018 V AD (Delhi) 581, it was held:
Alka Kasana vs Indian Institute Of Technology on 24 August, 2015
11. Learned counsel contends that this Court as well as the Apex Court
has in a catena of judgments such as Uday Shankar Tariyar Vs.Ram
Kalewar Prasad Singh & Anr. (2006) 1 SCC 75, Vidyawati Gupta &
Ors. Vs. Bhakti Hari Nayak & Ors (2006) 2 SCC 777, Alka Kasana
Vs. Indian Institute of Technology (2015) SCC Online Del 11455,
held that Rules of procedure are made to further the cause of justice
and not to prove a hinderance thereto.
Director Cum Secretary, Department Of ... vs Sarvesh Security Services Pvt Ltd on 25 September, 2019
f) Following these decisions, a Co-ordinate Bench of this Court in
the case of Director- cum-Secretary, Development of Social
Welfare vs. Sarvesh Security Services Pvt. Ltd., reported as
2019 SCC OnLine Del 8503, held that: