DELHI DEVELOPMENT AUTHORITY Vs. KIRPAL SINGH AHLUWALIA

JUDGEMENT

(1.) CM No.47593/2016 (delay in filing) & 47595/2016 (delay in re-filing) 1. These are applications for condonation of delay in filing and re-filing the appeal. The date of the impugned order is 19th October 2015 and in the usual course the time for filing of appeal expired on 18th January 2016. The Delhi Development Authority (hereinafter "?DDA "?) applied for a certified copy of the judgment but the same was withdrawn on 10th November 2015. A fresh certified copy was applied for on 10th December 2015 which was issued on 21st December 2015. It is the submission of the DDA that the file was given to the counsels on 15th February 2016. However, the appeal was filed only on 21st October 2016. Two applications have been filed seeking condonation of delay in filing and re-filing. The reasons given in the application of delay are:-

(2.) Primarily the reasons that have been stated relate to mistakes in the counsel "?s office as the appeal was drafted and the file was received back from DDA sometime in May/June 2016 but got consigned to the record room under the impression that it was a disposed off matter. Learned counsel for the DDA has filed his personal affidavit explaining the delay.

(3.) The law relating to condonation of delay is well settled in the judgment of Postmaster General & Ors. v. Living Media India Limited & Anr ., (2012) 3 SCC 563 where the Supreme Court has held as under: