DELHI DEVELOPMENT AUTHORITY Vs. SATISH STEEL TRADERS

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the order dated 30.05.2013. As a matter of fact, the appellant had earlier filed a civil revision petition against rejection of an application filed by the appellant seeking condonation of delay of 310 days by the learned ADJ in RCA No.59/2013.

(2.) MY learned predecessor vide order dated 25.09.2014 treated the order dated 30.05.2013 rejecting the application filed by the appellant seeking condonation of delay of 310 days in filing the RCA No.59/2013 as an appealable order in view of a Division Bench Judgment of the Supreme Court in Shyam Sunder Sarma v. Pannalal Jaiswal and Ors., 2005 AIR(SC) 226 This is how the Civil Revision Petition has been treated as a regular second appeal.

(3.) THE grievance of the appellant in the second appeal is that the learned first appellate court, without going into the merits of the case, has fallen into perversity in rejecting the application of the appellant seeking condonation of delay of 310 days in filing RCA No.59/2013 without considering the fact that the appellant is a public body and there are certain inbuilt procedural delays which have occurred on account of the lax attitude of the various officials of the appellant which cannot be treated as negligence on the part of the officials of the appellant so as to warrant the dismissal of the application seeking condonation of delay of 310 days in filing the RCA No.59/2013. Accordingly, it has been prayed that the said delay may be condoned and the matter be remanded back to the first appellate court for the purpose of deciding the appeal on merit.