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Indian Express
3 days ago
- Business
- Indian Express
‘Law of limitation binds everybody, including govt': Telangana High Court dismisses TSIDC's appeal due to 514-day delay
The Telangana High Court Friday dismissed an appeal filed by the Telangana State Industrial Development Corporation (TSIDC) against an order of a commercial court, citing an 'unexplained' and 'unreasonable' delay of 514 days in filing the plea. The bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao was hearing an appeal filed by TSIDC challenging a commercial court order dated February 16, 2023, which dismissed its appeal seeking a decree of over Rs 1.3 crore with an annual interest at 17.5 per cent against the respondents. The appeal was filed on December 26, 2024, accompanied by an application for condonation of the significant delay of 514 days. The high court's rejection of TSIDC's appeal means that the original claim of Rs 1,30,31,000, with interest, which was already dismissed by the commercial court, remains dismissed. During the proceedings, the TSIDC filed two affidavits citing the delay and attributed it to several factors such as long time taken to understand the impugned order, officials being occupied with the state and Union election duties leading to a halt in decision-making on legal matters, the file going untraceable, and a change in leadership with three vice chairpersons and managing cirectors taking charge in quick succession. However, the bench found that 'the dates mentioned in the two affidavits contain several unexplained time-gaps..' Specifically, it found a four-month gap between the day the certified copy of the order was ready and the day when the Telangana Assembly elections were announced. Similarly, it found another six-month gap between the polling dates of the Telangana elections and the general elections, for which no explanation was provided. The court also observed that the TSIDC only realised the matter was pending in November 2024 when respondent No. 1 sought the return of original title deeds. This prompted the search for the missing file that was eventually traced in the second week of December 2024. The appeal was filed on December 26, 2024. While TSIDC relied on section 5 of The Limitation Act, 1963, which allows filing of an appeal or any application beyond the prescribed period of time subject to the court being satisfied of the sufficiency of cause shown by the appellant or applicant for the delay, the bench noted that 'the burden of proving the sufficiency of cause lies with the appellant or applicant.' Referring to various Supreme Court judgments, the high court reiterated that delay beyond the prescribed period, particularly in matters under the Commercial Courts Act, 2015, should be condoned by way of exception, not as a rule. 'There is little doubt that the objective of a special statute like The Commercial Courts Act, 2015, is to ensure speedy resolution of high-value commercial disputes, without any exceptions. The focus is on quick resolution which includes government entities when they are parties to commercial disputes,' the order read. The judgment firmly stated that the 'law of limitation binds everybody, including the government'. Noting that the exercise of discretion under section 5 of The Limitation Act, 1963, empowers the court to entertain an appeal or application beyond the prescribed period of limitation subject to the court being satisfied of the sufficiency of cause shown by the applicant/appellant, the court observed, 'Sufficient cause must reflect a sense of purpose and a willingness to restore diligence. The reasons shown cannot be slipshod or nonchalant so as to demand condonation as a matter of entitlement. It must be borne in mind that delay may have created equity in favour of another in the interregnum.' The bench also noted that one of the grounds for the original impugned order against TSIDC was that its claim was already barred by limitation. 'Thus, it is all the more difficult to accept that the appellant would slip into a slumber for 514 days after having suffered an order, inter alia, on the ground of delay,' the court noted. Finding no satisfactory reason to condone the 514-day delay, the high court dismissed TSIDC's application for condonation of delay, consequently rejecting the commercial court appeal. Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
Indian Express
03-06-2025
- General
- Indian Express
‘Convict acted in cold-blooded manner… betrayed trust of eight-year-old girl'
Stating that the convict has acted in the most 'conniving and treacherous manner' and betrayed 'the trust of a minor', a fast track court of District Court Chandigarh on Tuesday awarded death sentence to a 40-year-old man for raping and murdering an eight-year-old girl. The special court presided by Additional Sessions Judge Yashika ordered the death sentence to convict Hira Lal, alias Guddu, under Section 6 of the POCSO Act, and also imposed a fine of Rs 10,000. 'He shall be hanged by neck till he is dead, subject to the confirmation of the sentence by the High Court of Punjab and Haryana,' the court ordered. The convict can file an appeal before the Punjab and Haryana, Chandigarh, within a period of 30 days, as per the Article 115 of The Limitation Act, 1963, according to the order. The court also ordered Rs 17 lakh compensation be granted to the dependents of the victim as a final compensation under the victim compensation scheme. 'In the present case, the convict has acted in a most conniving and treacherous manner. He has betrayed the trust of a minor girl child, aged eight years and 11 months. The convict took all care to commit the barbaric acts of rape and murder of the child, in extreme secrecy, and in a cold-blooded manner. Here, the convict is a mature man aged about 40 years,' Justice Yashika noted. Underscoring that the minor was 'incapable to protest against the convict', the judge observed that Hira Lal made the victim 'prey' of his 'lust'. 'The postmortem report shows various injuries on the body of the victim. These injuries shows the gruesome manner in which she was subjected to rape. The victim of crime is an innocent child who did not provide even an excuse, much less a provocation for murder. Such cruelty towards a young child is appalling. The convict had stooped so low as to unleash his monstrous self on the innocent, helpless and defenceless child. This act no doubt had invited extreme indignation of the community and shocked the collective conscience of the society,' the court held. Further, it observed that the convict is a 'menace to the society' and cannot be reformed, describing the case as 'rarest of the rare'. According to the police, Hira Lal has two wives and is the father of five children, the eldest being 13 years old. The police said he was cheating on both his wives, as neither knew about the other. According to the prosecution, the rape victim's body, with her throat slit and multiple stab wounds, was discovered near a dumping site in Ram Darbar in January 2024, three days after she went missing. An autopsy later confirmed rape. The girl was kidnapped from near her home by Hira Lal, who then took her to his house and committed the crime. After the girl's body was found, the police identified him on the basis of the CCTV footage. His house was found locked. The police broke into the house and found inside the victim's slippers, which then confirmed that the child had been brought there. Aftera seven-day manhunt, the police arrested Hira Lal, a native of Uttar Pradesh, from Bihar. During the trial, the defence counsel argued that Hira Lal had been falsely implicated in the FIR. The court, however, held him guilty.
