DELHI DEVELOPMENT AUTHORITY Vs. KHEM CHAND AND ORS.

JUDGEMENT

(1.) This is an application for condonation of delay of 100 days in filing the appeal. The appellant/applicant, while asking for the delay of 100 days in filing; the second appeal to be condoned, submitted that the files pertaining to the said matter was received in the office of the Counsel of DDA on 26.5.2015 with the authorisation to draft the second appeal against the judgment and order dated 26.3.2015 passed by the First Appellate Court.

(2.) It is submitted that Counsel was not attending his office because of some personal/family obligations and he was not informed by the clerk about receipt of the file of the DDA. The files were kept in the file cabinet and later were wrongly tied with W.P.(C) No. 8252/2014 (Hardeep Kaur v/s. Union of India). The aforesaid case was listed for hearing on 21.8.2015 when it was discerned that the file of the present case was also wrongly tied with W.P.(C) 8252/2014.

(3.) Learned Counsel for the appellant/applicant submits that immediately thereafter, certified copy of the order dated 26.3.2015 (impugned order) was applied for on 22.8.2015. In the meantime, a draft was made ready and was sent to the office of DDA on 24.9.2015 for signature. On receipt of a certified copy of the impugned judgment of the First Appellate Court dated 26.3.2015, second appeal was filed immediately.