ANIRUDHA STEEL (P) LTD. Vs. MEGHALAYA ENERGY CORPORATION LTD.

JUDGEMENT

(1.) This petition under Article 227 impugns the order dtd. 30/12/2018 passed in Misc. Case No. 13/2017, arising out of Money Suit Case No. 01 (T) of 2013, whereby an application under Sec. 5 of the Limitation Act, 1963, for condonation of delay in filing a Review Petition was rejected.

(2.) It is submitted by the learned counsel for the petitioner, that the condonation application was rejected only on the ground that the petitioner had not supplied a copy of the Review Petition to the Court or to the opposite party, which he contends was incorrect as the Review Petition was already on record before the Learned Trial Court. It is submitted that the Trial Court had on a mere technical ground rejected the condonation application which was for a delay of 51 days, which had been explained in the application itself.

(3.) He therefore submits that, the rejection of the condonation application on the ground of non-supply of the Review Petition is erroneous and bad in law and facts, and as such, the impugned order is liable to be set aside by this Court.