Page 18 - Banking Finance November 2021

LEGAL UPDATE

Legal

News

From Oct 1, SC to reim- gants in a "difficult situation", and ex- ground of delay and more particularly
tended all periods of limitation ending when it is made at the fag end of ser-
pose time limit for appeals on March 14, 2021 until further orders. vice and/or when the employee is
The Supreme Court said it would be about to retire on attaining the age of
recalling a previous suo motu order, No change in date of birth superannuation."
which extended the limitation period The court set aside the order of the
for filing cases in view of the second at fag end of service: SC Karnataka HC which had allowed the
wave of the coronavirus pandemic. The The Supreme Court held that a person plea of a government employee for
apex court said the extension of the cannot claim as a matter of right to get change in date of birth which he had
limitation period would be withdrawn his or her date of birth changed if the sought 24 years after joining the ser-
from October 1. application is made after inordinate vice. The employee had sought change
delay and more particularly when it is
A buffer period of 90 days will be given of date of birth from January 04, 1960
made at the fag end of service or when
with effect from October 1, the court to January 24,1961.He had first filed a
said. "I think we can lift the order," the employee is about to retire on at- suit in lower court which was rejected
Chief Justice of India N V Ramana told taining the age of superannuation. but the HC passed order in his favour
Attorney General K K Venugopal, who A bench of Justices M R Shah and A S and his service got extended by one
agreed with the three-judge bench's Bopanna said the plea for change in year.
recommendation, according to Live date of birth by an employee can be
Law. rejected in such cases even if there is Courts are not play-
Appearing for the Election Commission "cogent evidence" as allowing such grounds: Pvt co fines Rs.
of India, senior advocate Vikas Singh plea could result in a chain reaction and
said only 45 days should be given for others below him, waiting for years for 25L
election petitions after the extension their promotion, would get affected. To ensure that those approaching
is lifted, as that is the period laid down Referring to various judgements deliv- Courts in commercial disputes "under-
in the Representation of Peoples Act. ered by the apex court on the issue of stand that courts are not playgrounds,
Previously, as per a March 8 order, a change in date of birth, the bench said, & litigation is not a pastime," the High
period of 90 days was given for filings, "The law on change of date of birth Court of Bombay recently directed a
Singh said. can be summarised as under: (i) appli- private company to pay Rs 25 lakh to
On April 27, amid the unprecedented cation for change of date of birth can a party against whom it was seeking
surge in Covid-19 cases, the SC ex- only be as per the relevant provisions/ orders.
tended the period of limitation for fil- regulations applicable; (ii) even if there "This is clearly a vexatious & mischie-
ing appeals from courts or tribunals by is cogent evidence, the same cannot vous proceeding that has unnecessar-
litigants until further orders. The court be claimed as a matter of right; (iii) ily wasted the court's time," said Jus-
observed that the surge had put liti- application can be rejected on the tice Gautam Patel on Sept 21, direct-

18 | 2021 | NOVEMBER | BANKING FINANCE