Anuradha Bhasin vs Union Of India on 10 January, 2020
Equivalent citations: AIR 2020 SUPREME
pandemic, it
is claimed, was less than the amounts which MIAL had
unavoidably to expend to comply with its legal and statutory
obligations and commitments ... revenue
earned by MIAL, in any particular month, was less than the
unavoidable costs and cash outgo required to be borne
right will not be restricted or
denied unless such a construction is
unavoidable".
and held: (SCC p. 128, para 43)
Digitally signed by ARUN ... right will not be restricted unless such a
construction is unavoidable'. In the instant case,
in view of the non obstante clause, Section
disclose any cause
whatsoever much less sufficient cause of exceptional and
unavoidable reasons which prevented them from filing the
written statement within the stipulated period ... satisfied
that the plaintiff was prevented by sufficient cause for
exceptional and unavoidable reasons in filing the
replication within 30 days, it may extend
made all the efforts to clear the bank dues; but due to
unavoidable circumstances, they could not clear the charge. The
learned counsel submitted that ... respondent No.1 filed a joint reply
stating that due to unavoidable circumstances, they are unable to
clear the charge over the suit property
satisfied that the defendant was prevented by
sufficient cause for exceptional and unavoidable reasons in
filing the written statement within 30 days, it may extend ... satisfied that the plaintiff was prevented by sufficient cause for
exceptional and unavoidable reasons in filing the replication
within 30 days, it may extend
compliance impossible and,
therefore, a reasonable allowance has to be made for unavoidable
delays. The rule of strict construction is no justification for
holding that ... speed and expedition, prompt time with a
sense of urgency, without any unavoidable delay. No hard and fast
rule can be laid nor a particular
when the delay in intimation or submission of
documents is due to unavoidable circumstances. The decision
of the insurer to reject the claim ... delay
in giving intimation or in submission of documents due to
unavoidable circumstances. The companies were advised that
they must not repudiate such claims
compliance impossible and,
therefore, a reasonable allowance has to be made for unavoidable
delays. The rule of strict construction is no justification for
holding that ... speed and expedition, prompt time with a
sense of urgency, without any unavoidable delay. No hard and fast
rule can be laid nor a particular
will not normally be
resorted to by the Full Court except when
unavoidable. In the event of resort to secret ballot,
decisions will be carried ... will not normally be
resorted to in the Full Court except when
unavoidable. In the event of resort to secret
ballot, decisions will be carried