In Brief
Atcom Technologies sued a developer for recovery of approximately ₹11.9 crores paid for flats that were not delivered. The suit filed in 2000 was served late (in 2009), and the defendant did not file a written statement until 2015—a delay of 5+ years from service. The High Court condoned this delay by balancing equities, noting the plaintiff's own 9-year delay in serving summons. The Supreme Court reversed, holding that procedural rules permitting time extensions under Order VIII Rule 1 CPC cannot excuse inordinate delays without proper explanation. The defendant must provide cogent reasons for delay beyond ninety days; mere equitable balancing is insufficient. The appeal was allowed and the condonation application dismissed.
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