#Restoration of Proceedings

The Andhra Pradesh High Court held that a separate application under Section 5 of the Limitation Act is unnecessary if the affidavit filed with a restoration petition adequately explains the delay. This ruling prioritizes substantive justice over procedural technicalities, impacting execution proceedings under Order XXI Rule 58 CPC.

The Allahabad High Court has ruled that dismissal of Section 138 NI Act cases for non-prosecution can be reversed under Section 482 CrPC when the complainant demonstrates genuine intent to cooperate, the underlying debt is substantial (Rs. 29 lakhs), and no prejudice is caused to the accused. This sets a precedent for restoring commercial dispute proceedings where procedural lapses stem from unavoidable circumstances, not mala fide intent.

Bombay High Court rules that a successor company cannot be presumed to have knowledge of pending industrial dispute proceedings unless formally notified. The ruling emphasizes substantive fairness over procedural lapses, protecting successor entities from unintended liabilities under the Industrial Disputes Act.