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Supreme Court of India 2021-07-08 allowed

DR. A. SURESH KUMAR & ORS vs AMIT AGARWAL

Bench: 2 — Vineet Saran, Dinesh Maheshwari

In Brief

The appellants, doctors, filed a written statement in a consumer protection case regarding medical negligence seven days late and sought condonation. The NCDRC rejected the delay application citing a Constitution Bench judgment that barred condonation beyond 45 days. However, that judgment operated prospectively (from March 4, 2020), while the written statement was filed in November 2019—before the judgment. The Supreme Court held that applications filed before a prospective judgment must be examined on their merits and cannot be dismissed based on the subsequent judgment. The Court allowed the appeal, set aside the NCDRC's rejection, condoned the 7-day delay, and imposed costs of Rs. 25,000.",

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Consumer Protection Law Civil Procedure Condonation of Delay Medical Negligence

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