NANDLAL NAMDEV OTWANI Vs. VIJAY JAYPRAKASH AHUJA

JUDGEMENT

(1.) Dr.A. P. Thaker, J 1. The original defendant No.4 has preferred this Civil Application for condonation of delay of 399 days caused in preferring Appeal from Order which he propose to file against the order dtd. 20/11/2018 passed below Exh-6/7 in Civil Suit No. 482 of 2016, whereby he has been restrained from transferring, alienating or creating interest of any third party in respect of suit property till final disposal of the suit.

(2.) The applicant has submitted that he was suffering from financial crisis and he had no funds to challenge the impugned order nor did he has funds to develop the subject land. He has submitted that now he has gained some financial strength through help of friends and relatives and. Therefore. he is contemplating development of the subject land either himself or through some developer. He has submitted that due to such financial crises, delay has occurred.

(3.) The respondent No.1 has resisted the application and has submitted that delay is of about more than 1 year and the reason advanced for seeking condonation of inordinate delay of having financial crisis is not acceptable. It is also contended that there is not a whisper in the entire application as to how and when the applicant came out of such alleged financial crisis, if at all there were financial crisis as alleged. It is also submitted that the application is too vague and evasive as no particulars are furnished and/ or any documentary evidences produced in support of the alleged cause advanced for seeking condonation of delay. It is also averred that total inaction, negligence and want of bonafides on the part of the applicant in the matter. It is also submitted that no sufficient cause has been shown by the applicant for condonation of delay and there is more than one year delay and, therefore, it is required to be rejected.