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Liberal View Is To Be Adopted In Matters Of Condonation Of Delay

IN CIVIL APPEAL No.5131 OF 2019, Hemlata Verma vs M/s ICICI Prudential Life Insurance Co. Ltd. & Anr., NCDRC held that the delay of 207 days in filing the revision petition before the Commission against the order dated 08.12.2016 of the State Commission, Delhi passed in Appeal No.768 of 2009 was not properly explained by the appellant and, therefore, no case is made out to condone the delay. The revision petition was, therefore, dismissed as being barred by limitation.

On appeal the Supreme Court while disagreeing with NCDRC observed that the Commission while declining to condone the delay placed reliance on the decision of this Court in Ramlal vs. Rewa Coalfields Ltd., AIR 1962 SC 361. However, the later decision of this Court in Collector, Land Acquisition, Anantnag & Anr. vs. Mst. Katiji & Ors., (1987) 2 SCC 107 has held that in matter of condonation of delay, the Court should take liberal view. In our view, the Commission should have, therefore, taken note of subsequent decisions of this Court on the issue of condonation of delay.

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