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Env Coord (.)     07 June 2022

Explanation of legal phrase - 'delay and latches'.

Respected Lawyers,

Can you please explain the meaning of legal term 'delay and latches' which I often see in High Court judgments?

What is the exact meaning of 'delay and latches'  ?   In what context is it used ?

V Sah.
Navi Mumbai


 2 Replies

P. Venu (Advocate)     08 June 2022

What is the context for this query?

Env Coord (.)     10 June 2022

Actually the context is that I have to file written statement against an interim adjournment application moved by Judgment Debtors (original defendant in civil suit). J.D.s have alleged that I(Decree Holder) is harrassing them by moving incorrect application on law and merits. But the fact is for last 2 years (excluding Covid-19 period) from March 2019- March 2022 no payment was made by J.D.s for the decretal amount, hence I moved an application for examination of J.D. (u/O 21 Rule 41 CPC) and the copy of summons was received by J.D.s on 18th April 2022. Court has asked me to file say (W.S.) against the interim adjournment application moved by Judgment Debtors.

I wanted to use this phrase delay and latches in my written statement, in order to allege that J.D.s have been sleeping over for last 2 years and no steps were taken by J.D.s in the matter. Hence, J.D.s cannot be permitted to take undue advantage of delay and latches on their part.

Hence, I wanted to understand the usage of phrase delay and latches in context of using it in my Written Statement.

Best Regards,

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