Supreme Court has observed that,
delay defeats discretion and loss of limitation destroys the remedy
itself. Delay amounting to latches results in benefit of discretionary ... entertained or not. Be it noted, delay
comes in the way of equity. In certain circumstances delay and
latches may not be fatal
plaintiff and the
plaintiff. Regarding the argument based on delay and latches and
acquiescence, the appellate court took the view that the present action ... interim injunction could
not be rejected on the ground of delay and latches when both sides seemed to
agree that the marks were similar
question of delay and latches has been examined by this Court in a series of decisions and latches and delay has been considered ... view, the facts in these cases depict a classical example for delay, latches and waiver. To examine the claims of more than 30,000 police
submitted that the subject petition suffers
from the vice of delay, latches and acquiescence. It is
submitted that the Initiation Notification was issued ... petition does
not deserve to be entertained on account of unexplained
delay, latches and acquiescence.
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writ petitions are liable to
be dismissed on the ground of delay and latches as the stale and dead
claims should be nipped ... present writ
petition is filed and, therefore, the plea of delay and latches cannot be
attributed.
Having considered the respective submissions, indubitably there
have been
29th May, 2017, NCLT mentioned as
under:-
"5. Limitation and delay latches in filing petition:-
It is stated in the application that ... voluntary delay or delay in action on account of
any other factor. It is settled law that delay and latches
are not fatal
mean that the petitioner should approach after long delay. If there are inexplicable delay and latches in approaching the CLB be fling such petition ... petition on the supposition that delay was inordinate.
15. When we discuss the question of delay and latches what is to be examined
entertained or not. Be it noted, delay comes in the way of
equity. In certain circumstances delay and latches may not be fatal ... Court after a long delay, reliefs prayed for may be
denied to them on the ground of delay and latches irrespective of the fact
that
Court.
5. Learned Counsel for the petitioners claimed that the alleged delay and latches would not come in the way of the grant of relief ... proceeds in refusing relief to the petitioner on the ground of delay or latches is that the rights, which have accrued to others, by reason
Writ Petition is not maintainable on the ground of delay and latches.
That there is complete inaction on the part of the Petitioners from ... deny relief to the Petitioners on the ground of delay and latches.
4.11 That Petitioner No.1 had admittedly issued a notice under Section
