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2005 DIGILAW 95 (SC)

NEW INDIA ASSURANCE CO. LTD. v. TATA REFRACTORIES LTD.

2005-01-17

H.K.SEMA, S.N.VARIAVA

body2005
ORDER 1. Leave granted. 2. Heard parties. 3. The National Commission has refused to condone a delay of 70 days in filing the appeal and dismissed the appeal. In our view, the delay is not so inordinate that it could not have been condoned. The National Commission could have directed the appellant to pay costs. 4. We, therefore, set aside the impugned order and remit the matter back to the National Commission for disposal on merits. The appellant shall pay costs to the respondent fixed at Rs 5000. 5. The appeal stands disposed of accordingly.