A. P. SAHI, BHARATKUMAR PANDYA
Baldev Singh – Appellant
Versus
Omaxe Ltd. – Respondent
ORDER :
A.P. Sahi, President.—These two appeals arise out of a similar nature of two separate orders passed on 20.03.2023 in CC/86/2019 and CC/87/2019, whereby the SCDRC, New Delhi dismissed the complaints for non- prosecution. Both the complaints were handled by the same learned counsel and the orders being identical, we have proceeded to hear both the matters simultaneously.
2. Learned counsel for the appellants has urged that the appearance by the counsel before the State Commission was defaulted and that the appellants were under the impression that the case is being attended to and they were not made aware of the listing of the cases on the dates fixed. The complainants have also alleged that they were not aware of the impugned orders dated 20.03.2023 and it is only when they checked the website on 18.04.2023, that they came to know of the same, whereafter they collected the papers and have preferred these appeals on 31.10.2023 and 05.01.2024, respectively.
3. Thus, the default in appearing before the State Commission as well as the delay in the filing of the present appeals have been explained in the delay condonation applications being IA/3181/2024 and IA/3183/2024, which are
(1) Diligent – A litigant cannot abandon responsibility once a counsel is engaged. To claim counsel negligence, the litigant must prove they were diligent and were misled.(2) Shift the Blame – A liti....
(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....
The court upheld the rejection of a delay condonation application, emphasizing that insufficient reasons do not justify extending statutory limitations.
(1) Sufficient cause – ”Sufficient cause” implies the party must not have acted in a negligent manner or remained inactive. The applicant must satisfy the Court that they were prevented by genuine re....
Delay of 347 days in filing appeals cannot be condoned.
Sufficient Cause – ‘Sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and the applicant must satisfy the Court that he wa....
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