Jaspal Kaur Johal VS Shourya Towers Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA, AVM J. RAJENDRA
Jaspal Kaur Johal – Appellant
Versus
Shourya Towers Pvt. Ltd. – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Mr. Ish Chopra, Advocate proxy for Mr. Sarvesh Kumar, Advocate
For the Respondents:Mr. Shashwat Kumar, Advocate

ORDER (ORAL)

Heard the Learned Counsel for the parties.

2. Alongwith the First Appeal, IA 10132 of 2022 has been filed by the Appellants seeking condonation of delay of 1453 days.

3. It is stated in the Application that the Appellants are senior citizens (couple) who are non-resident Indians residing at Hungerford, Berkshire in England. The Appellants contacted their family friend, Shri Sanjay Dutta who was a resident of New Delhi, to take help in initiating appropriate proceedings before the State Commission. The said Shri Dutta expired on 21.05.2019. Appellant No.2 was diagnosed with Parkinson disease in September 2020 and his medical condition deteriorated steadily due to various ailments. The Appellants had to execute a Special Power of Attorney. It is prayed that the delay be condoned.

4. We have perused the records carefully.

5. The reasons advanced by the Appellants to justify the delay caused have been considered. The Appellants have contended that Shri Sanjay Dutta whom they requested to initiate the proceedings before the State Commission died of cancer. Appellant No.2 was diagnosed with Parkinsons disease and was suffering from sick sinus syndrome, atrial fibrillation an

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