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Supreme Court of India 2021-12-06 remanded

Bhasin Infotech And Infrastructure Private Limited vs Neema Agarwal & Ors

Bench: 2 — Vineet Saran, <UNKNOWN>

In Brief

A shopping mall allottee complained to the consumer forum about cancellation of commercial units. The developer filed their written reply with delay, seeking condonation. The forum rejected this after the Constitution Bench's 2020 decision prohibiting condonation of delays beyond 45 days. The Supreme Court examined whether this prohibition applied to pending applications filed before the judgment. Finding conflicting views in two equal-strength Benches on prospective operation, the Court held that pending applications retain condonation rights crystallised before the judgment, and referred the issue to a larger Bench for final clarification.

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Consumer Protection Civil Procedure Limitation

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