NEXT, A TIME-BARRED SLP IN SC?

SC Order: "...it is also made clear that this order shall not entitle the SLP petitioner to claim condonation of delay as a matter of right and the application, if any, filed for this purpose will be decided on its merits..."

LIC’s learned and senior counsel seems to be suffering from amnesia as otherwise how could he forget the fundamentals of law and plead that there was a mistake in not filing SLP against Jaipur DB judgment but hastened to file SLP against Review dismissal. 

• But what about the physical strain, mental torture and expenses involved by the aged respondent in appearing in the SC as and when called for and will the appellant compensate these ! Very much aware of the fact that there is no error apparent in the Jaipur DB judgment and no constitutional or legal issues of grave nature were involved which could only be clarified by SC LIC preferred to file SLP in the SC giving a doubt that such uncalled for action was initiated only to drag on the case as much as possible. LIC would do another mistake

TIME BARRED SLP.

should they file now as a last resort a fresh SLP against Jaipur DB judgment though aware of the fact it is time barred and would fail to get the sympathy of the judiciary.

In Sunil Poddar V Union Bank of India ( 2008 ) the learned Judge said that the facts and circumstances of the case should be seen in their entity to find out whether there is any mis-carriage of justice. If the appellant has not come out with clean hands, has not candidly disclosed all the facts he is aware of and he intends to delay the proceedings ( as what has happened now ) the court will non-suit him on grounds of contumacious conduct.  LIC should not duck any more, gracefully accept Jaipur verdict and keep the aged and ailing pensioners welfare prominent in their mind and strive for it.

R.K.Viswanathan