MOHINDER PRAKASH Vs. DLF COMMERCIAL DEVELOPERS LTD

JUDGEMENT

(1.) This is an application filed by the plaintiff seeking condonation of 14 days delay in re-filing the suit. Counsel for the defendant does not oppose this application. Accordingly, the application is allowed and delay in re-filing the suit is condoned.

(2.) The present suit was instituted on 22.12.2010. The plaintiff relies on Section 14 of the Limitation Act on the ground that he was diligently pursuing a wrong remedy before the MRTP Commission, and thus the time spent before the Commissioner which is 449 days, be condoned.

(3.) Mr. Oberoi, Counsel for the plaintiff contends that plaintiff had at the first instance approached the MRTP Commission keeping in mind the monopolistic attitude and unfair trade practice being adopted by the defendant with regard to the allotment and cancellation of the agreement and thereby forfeiting huge amount of the plaintiff. Upon legal advice received, complaint under Section 36A of the MRTP Act was filed in October, 2006. The matter was pending till March, 2010 due to one reason or the other. However, on account of the judgment passed by the Hon'ble Supreme Court in the case Saurabh Prakash v. DLF Universal Ltd., 2007 1 SCC 228, and on the basis of the objections taken by Counsel for the defendant with regard to maintainability of the plaintiff's complaint in view of the judgment of the Supreme Court, on the advice of the new Counsel the complaint was withdrawn with liberty to approach appropriate forum for adjudication of the loss suffered and the grievances of the plaintiff.