Supreme Court Condones Delay in Appeals Against Securities Appellate Tribunal Orders with Costs Imposed. The court established that delays in filing appeals could be condoned upon payment of costs, emphasizing the need for timely compliance with procedural requirements.

  • 1
Judgement Image
Font size:
Print

Case Note & Summary

The judgment involved multiple civil appeals filed by Noted Infotech P. Ltd. against the Securities & Exchange Board of India concerning the condonation of delays in filing appeals before the Securities Appellate Tribunal. The appeals were filed with delays of 720 days, 650 days, 870 days, 700 days, and 998 days respectively. The court considered the applications for condonation of delay and the reasons provided by the appellant. It found sufficient cause for condonation in each case, provided that the appellant paid specific costs to the respondent. The court ordered that the delays would be condoned if the appellant deposited Rs.1,00,000/- or Rs.1,25,000/- as costs within six weeks from the date of the order. The court emphasized that in default of payment, the appeals would stand dismissed and the impugned orders would be affirmed. The judgment underscored the importance of timely filing of appeals and the conditions under which delays could be excused, reflecting the court's discretion in managing procedural compliance.

Headnote

A) Civil Procedure - Condonation of Delay - Conditions for Condonation - Code of Civil Procedure, 1908 - The court condoned delays in multiple appeals subject to payment of costs to the respondent, establishing that sufficient cause for delay was present. The court directed specific amounts to be deposited as costs within a stipulated time frame, failing which the appeals would be dismissed (Paras 1-6).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the delays in filing appeals before the Securities Appellate Tribunal can be condoned and under what conditions.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court condoned the delays in filing the appeals subject to the payment of costs to the respondent, directing specific amounts to be deposited within six weeks. In default of payment, the appeals would stand dismissed and the impugned orders would be affirmed.

Law Points

  • Condonation of delay
  • Costs
  • Securities Appellate Tribunal
  • Civil Procedure
Subscribe to unlock Law Points Subscribe Now

Case Details

2008 LawText (SC) (08) 179

Civil Appeal No.4649 of 2006 and others

2008-08-04

Tarun Chatterjee, Aftab Alam

Noted Infotech P. Ltd.

Securities & Exchange Board of India

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Civil appeals concerning condonation of delay in filing before the Securities Appellate Tribunal.

Remedy Sought

Condonation of delay in filing appeals and permission to proceed with the appeals.

Filing Reason

Delays in filing appeals before the Securities Appellate Tribunal.

Previous Decisions

The applications for condonation of delay were previously rejected.

Issues

Whether the delays in filing appeals can be condoned What conditions should be imposed for condonation of delay

Submissions/Arguments

The appellant argued that sufficient cause existed for the delays. The respondent contended that the delays were excessive and should not be condoned.

Ratio Decidendi

The court held that delays in filing appeals could be condoned if sufficient cause was shown, subject to the imposition of costs to ensure compliance with procedural timelines.

Judgment Excerpts

The delay of 720 days in filing the appeal is condoned, subject to payment of deposit of Rs.1,00,000/- as cost to the respondent. In default, this appeal shall stand dismissed and the impugned order shall stand affirmed.

Procedural History

The appeals were filed after the Securities Appellate Tribunal rejected the applications for condonation of delay, leading to the current appeals before the Supreme Court.

Acts & Sections

  • Code of Civil Procedure, 1908:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Tribunals NCLAT Dismisses Appeal as Time-Barred in Insolvency Matter Due to 244-Day Delay Without Sufficient Cause. Condonation of Delay Refused as Appellant Failed to Provide Adequate Explanation for the Delay in Filing Appeal Under Section 61 of Insolvency a...
Related Judgement
High Court Bombay High Court Declares LIC Owner of Suit Property, Orders Removal of Unauthorized Construction by Defendants. Defendants' claim based on revenue stay order and adverse possession fails as LIC's title from 1948 conveyance and statutory vesting und...