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Research on delay applications and the NGT

There is no direct information available as to what course of action to be taken since the facts
of the case are not exactly similar.

But in case of Sesh Nath Singh Vs. Baidyabati Sheoraphuli Co-operative Bank Ltd [CA
9198 OF 2019] the Hon’ble SC “held that there is no bar to exercise by the Court/Tribunal of
its discretion to condone delay under Section 5 of the Limitation Act, in the absence of a
formal application.

However, the Court can always insist that an application or an affidavit showing cause for the
delay be filed”1

Further almost every other blog is suggesting that the course of action to be followed is to file
the condonation application under Section 5 of Limitation Act, mentioning the sufficient
cause of delay in filing the review petition.

1
https://elibrary.nlunagpur.ac.in:2054/top-stories/limitation-condone-delay-without-formal-application-
supreme-court-171620

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