NORTH DELHI POWER LTD Vs. AAR ESS INDUSTRIES

JUDGEMENT

(1.) This is an application filed by the Appellant under Section 5 of the Limitation Act seeking condonation of 85 days delay in filing the present appeal against the judgment dated 09.05.2008 of learned Additional District Judge.

(2.) The grounds for delay have been set out in paragraphs 3 to 6 of the present application, which are reproduced below:

(3.) Learned Counsel for the Appellant has strongly urged before this Court that after passing of the impugned judgment dated 9.5.2008 by the trial court in Suit No. 54/2004, the Respondent had been locating certain letters relied upon by the Respondent having written the same to the DVB in the month of March, 1997. Counsel further submits that considerable time was spent and effort was made during the months of August, 2008 till September, 2008, for locating the said letters. Counsel also submits that the Respondent had filed another Suit being Suit No. 66/1998 on identical facts as in Suit No. 54/2004 (subject matter of the present appeal). Counsel also submits that Appellant took time in coordinating with its counsel and undertook a careful scrutiny of the pleadings in both the cases as the Respondent was in effect agitating the same cause of action in two different proceedings. Counsel next submits that considerable time was also spent in scrutinizing the pleadings and thereafter in drafting the appeal, which was finally filed on 18.12.2008.