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2022 (4) TMI 1003 - Tri - Companies LawApplication for condonation of delay of 1332 days - Seeking restoration of petition - ex-parte order or not - HELD THAT:- It is settled position that the Law of Limitation is founded on public policy to ensure that the parties seek their remedy without restoring to dilatory tactics. The Hon’ble Supreme Court in ESHA BHATTACHARJEE VERSUS MANAGING COMMITTEE OF RAGHUNATHPUR NAFAR ACADEMY AND OTHERS [2015 (1) TMI 1053 - SUPREME COURT] has also held that increasing tendency to perceive delay as a non-serious matter requires to be carved. Applicant submits that the Order passed by this Bench on 13/07/2017 was ex-parte but it is found from the records made available that the order of July 13, 2017 was not an ex-parte order as submitted by the petitioner. The attendance sheet of this Bench for hearing on 13.07.2017 annexed with shows the presence of the learned Advocates representing the Applicant/Petitioner. The other ground mentioned by the Applicant in the condonation application is that because of illness in her family, the applicant was unable to pursue or take steps in the said CP. But on the other hand it is found from the records made available from the Respondents that the Applicant was perusing other proceedings going on in different Fora including the Hon’ble High Court at Kolkata and Gauhati, Civil Court at Jorhat and NCLT, Guwahati Bench, during the period from 2018 to 2021. There are no convincing reasons submitted by the Applicant to condone the inordinate delay of 1332 days - application dismissed.
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