DELHI DEVELOPMENT AUTHORITY Vs. ASSOCIATED BUILDERS

JUDGEMENT

(1.) This is an application for condonation of delay in filing the appeal of 538 days. Learned counsel appearing for the appellant has contended that the case was decided on 19.7.2002. Thereafter, certified copy was prepared on 16.12.2003 and the same was delivered to the appellant on 16.12.2003. The reasons which have been stated for delay in filing the appeal are that the counsel vide his letter dated 15.12.2003 received in the office of the appellant on 18.12.2003 stated as under :- The above case was marked to me on March 22, 2002 and the file was delivered at my office on or about May 1,2002. On the cover of the file the suit number was marked in such a manner that one could normally read it as 951-A/2000"

(2.) Thereafter the file was sent to the Legal Department of the appellant for its opinion in filing the appeal. The Legal Department decided to file the appeal and sent the file to the concerned department on 30.12.2003. It is contended that the stakes in the appeal are high in as much as the amount involved is to the tune of Rs.75/- lakhs and, therefore, the application for condonation of delay be allowed.

(3.) On the other hand, learned counsel for the respondent has contended that the application filed for condonation of delay is an abuse of the process of the Court as certain facts have not been disclosed in the application. As per the counsel the story made out for seeking condonation is totally belied by the judicial record. Our attention has been drawn to the order passed by the executing court on 18.8.2003 when the counsel appearing of the Judgment Debtor sought time to verify the fact whether the objections against the award had already been dismissed vide order dated 19.7.2002. Accordingly, the case was adjourned to 31.10.2003. When the case was taken up on 31.10.2003 the following order was passed :-