Case Note & Summary
The case involves a civil application filed by Assets Reconstruction Company (India) Ltd. and its Authorised Officer, Umesh M. Dandawate, seeking condonation of delay in filing a civil revision application. The respondents are Smt. Geeta Gomase, Shyam Gomase, Pawan Gomase, Vishnu Sharma, and ICICI Bank Ltd. The applicants argued that the expression 'sufficient cause' under Section 5 of the Limitation Act, 1963 should be liberally construed with a practical and pragmatic approach, avoiding pedantic and technical considerations. The court, after hearing both sides, allowed the application, condoning the delay and directing the civil revision application to be registered and heard on its own merits. The judgment emphasizes the liberal interpretation of 'sufficient cause' to ensure justice is not defeated on technical grounds.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The court considered whether the expression 'sufficient cause' in Section 5 of the Limitation Act, 1963 should be construed liberally by adopting a practical and pragmatic approach, avoiding pedantic and technical considerations. The court held that the delay was condoned as the applicants had shown sufficient cause. (Paras 1-3)
Issue of Consideration
Whether the delay in filing the civil revision application should be condoned by adopting a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act, 1963.
Final Decision
The court allowed the application, condoned the delay, and directed the civil revision application to be registered and heard on its own merits.
Law Points
- Section 5 of Limitation Act
- 1963
- liberal construction of sufficient cause
- condonation of delay
- practical and pragmatic approach
Case Details
2017 LawText (BOM) (08) 172
Civil Application (C) No.17 of 2017 in Civil Revision Application St. No.23459 of 2016
Shri Anjan De for the Applicants, Shri S. Malode for the Respondent Nos.1 to 3
Assets Reconstruction Company (India) Ltd. and Umesh M. Dandawate
Smt. Geeta wd/o. Vitthalrao Gomase, Shyam s/o. Vitthalrao Gomase, Pawan s/o. Vitthalrao Gomase, Vishnu s/o. Radhelal Sharma, ICICI Bank Ltd.
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Nature of Litigation
Civil application for condonation of delay in filing civil revision application
Remedy Sought
Condonation of delay in filing the civil revision application
Filing Reason
Delay in filing the civil revision application
Issues
Whether the delay in filing the civil revision application should be condoned under Section 5 of the Limitation Act, 1963.
Submissions/Arguments
The applicants argued that the expression 'sufficient cause' in Section 5 of the Limitation Act, 1963 should be construed liberally by adopting a practical and pragmatic approach, avoiding pedantic and technical considerations.
Ratio Decidendi
The expression 'sufficient cause' in Section 5 of the Limitation Act, 1963 must be construed liberally with a practical and pragmatic approach, avoiding pedantic and technical considerations, to ensure that justice is not defeated on technical grounds.
Judgment Excerpts
According to Shri Anjan De, learned counsel for the applicants, the expression sufficient cause used in Section 5 of the Limitation Act is required to be construed liberally by adopting a practical and pragmatic approach while avoiding pedantic and technical considerations.
Procedural History
The applicants filed a civil application for condonation of delay in filing a civil revision application. The court heard the counsel and allowed the application.
Acts & Sections
- Limitation Act, 1963: Section 5
