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DEEPA SHARMA
Omkar Tenants C. H. S. Ltd. – Appellant
Versus
Anita Laxman Chauhan Indian Inhabitant – Respondent
ORDER
The present Appeal has been filed on 12.09.2022 challenging the order of the State Commission dated 22.07.2015 in Complaint No.CC/11/2020.
2. Along with Appeal, which is delayed by 2579 days as per the Registry, an application seeking condonation of delay has been filed. This application is listed as IA No. 8810 of 2022.
IA No. 8810 of 2022 (condonation of delay)
3. Arguments have been heard on this application of the learned counsel. File perused.
4. This appeal has been filed challenging the order dated 22.07.2015 and the appeal has been filed on 12.09.2022 and there is delay of 2579 days. While seeking condonation of delay of almost 7 years, learned counsel for the Appellant has submitted that they were ex parte before the State Commission and they learnt of the impugned order only when they received the summons in the execution application on 22.11.2018. Even if, we calculate the period of limitation from the date of knowledge, which allegedly is 22.11.2018, there is delay of about 4 years. The Appellant, therefore, is required to explain the reasons for delay in filing the present Appeal and it is required to explain day to day delay. In the application it is submitted t
(1) Diligent - The applicant is also required to show that it had been acting diligently and reasons were beyond its control.(2) Discretion - It is settled proposition of law that the discretion to c....
Delay of 347 days in filing appeals cannot be condoned.
(1) Limitation – The law of limitation requires delay for each day of delay to be explained after expiry of the period of limitation.(2) Consumer Fora – The purpose of Section 24-A is to ensure that ....
(1) Settled proposition of law that when an Appeal/ Revision Petition/Complaint is barred by limitation and filed much beyond the period of limitation, forum or commission shall not give its findings....
Letter and Sprit - In the present case the appellant is a government department and all its officials are government employees who need to follow the law of the land in letter and spirit.
Condonation of delay not a matter of right.
(1) Record shows willful absence of the Appellant before the State Commission. (2) Nebulous and specious application has been filed in an attempt to evade the limitation and overcome this preliminary....
(1) Appeal – Condoning delay without sufficient cause and proper justification would violate statutory provisions and show disregard for legislative intent.(2) Regardless of merit of a case, limitati....
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