Dtc Securities Limited through Its Authorised Signatory Santosh Agarwal v. Jharkhand State Mineral Development Corporation through Its Managing Director
Condonation of delay – Section 5, Limitation Act, 1963
Case brief
What is this about?
DTC Securities Limited v. Jharkhand State Mineral Development Corporation and others, Civil Review No. 06 of 2020 (with I.A. No. 5953 of 2020), High Court of Jharkhand at Ranchi, decided 17.04.2025 by M.S. Ramachandra Rao, C.J. and Rajesh Shankar, J. (oral judgment): dismissal of application under Section 5 of the Limitation Act, 1963 to condone 664 days' delay in filing a review petition against the judgment dated 15.02.2018 in L.P.A. No. 537 of 2012; held that the applicant itself must monitor matters in which it is a party; underlying dispute concerned termination on 17.01.2012 of an agreement dated 04.05.2011 whose life had ended on 04.05.2016; review application consequently dismissed.
What did the court decide?
A litigant cannot rely solely on its counsel: it is the duty of the applicant itself to check up what happened to the matter in which it is a party; hence counsel's failure to notice the listing of the appeal on 15.02.2018 and his absence do not excuse the 664-day delay.