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    <title>2011 (2) TMI 1635 - MADRAS HIGH COURT</title>
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    <description>A delay application under Section 5 of the Limitation Act must be judged by whether the applicant has shown sufficient cause through a bona fide and acceptable explanation, not by the mere length of delay. Where the record supported the appellant&#039;s claim that it had engaged counsel, lacked knowledge of the ex parte decree, and the respondent&#039;s letter was received by a former employee who had already left service, the explanation was found credible and there was no indication of mala fides or a dilatory tactic. The refusal to condone the 1932-day delay was therefore unsustainable, the order was set aside, and condonation was granted.</description>
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    <pubDate>Wed, 23 Feb 2011 00:00:00 +0530</pubDate>
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      <title>2011 (2) TMI 1635 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=459512</link>
      <description>A delay application under Section 5 of the Limitation Act must be judged by whether the applicant has shown sufficient cause through a bona fide and acceptable explanation, not by the mere length of delay. Where the record supported the appellant&#039;s claim that it had engaged counsel, lacked knowledge of the ex parte decree, and the respondent&#039;s letter was received by a former employee who had already left service, the explanation was found credible and there was no indication of mala fides or a dilatory tactic. The refusal to condone the 1932-day delay was therefore unsustainable, the order was set aside, and condonation was granted.</description>
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